W. H. Ferrell & Co. v. Great Northern Railway Co.
Supreme Court of Minnesota
•Action in the district court for Mille Lacs county to recover $46,525 damages, upon twenty-three causes of action, for defendant’s alleged failures to furnish sufficient cars for the shipment of potatoes. From an order, Taylor, J., overruling defendant’s demurrer to the complaint, on the ground it failed to state-facts sufficient to constitute a cause of action against defendant, it appealed»
1Per curiam
The plaintiff by its complaint shows: An order given the defendant company for cars in which to ship certain commodities. A specific promise and agreement of the defendant to furnish a certain number of cars at the specified time and place. A failure on the part of the defendant to furnish the cars, and resulting damages. The defendant, by its demurrer, challenges the sufficiency of the complaint, because it does not show a written demand for cars in compliance with chapter 23, p. 25, Laws 1907, the so-called “Reciprocal Demurrage Law.” The complaint sets up a common-law contract to furnish…
2Cases cited1 opinion
- Pope v. Wisconsin Central Railway Co.Supreme Court of Minnesota · 1910
3Cited by2 opinions
- W. H. Ferrell & Co. v. Great Northern Railway Co.Supreme Court of Minnesota · 1912
- Zetterberg v. Great Northern Railway Co.Supreme Court of Minnesota · 1912