Chandler v. De Graff
Supreme Court of Minnesota
Action to recover §5,706.12, as the agreed price of 20,379 railroad ties furnished by the plaintiff to the defendants. At the trial in the district court for Hennepin county, before Vanderburgh, J., the facts appeared to be as follows : The defendants, partners as De Graff & Co., had entered into three written contracts with William G. Moorhead, construction agent of the St. Paul & Pacific Railroad Company, for constructing three separate lines of single-track railway of…
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Action to recover §5,706.12, as the agreed price of 20,379 railroad ties furnished by the plaintiff to the defendants. At the trial in the district court for Hennepin county, before Vanderburgh, J., the facts appeared to be as follows : The defendants, partners as De Graff & Co., had entered into three written contracts with William G. Moorhead, construction agent of the St. Paul & Pacific Railroad Company, for constructing three separate lines of single-track railway of that company, and for furnishing all the materials therefor, except the rails, splices, bolts, frogs and switches, which…
1Opinion of the CourtCornell, J.
If, at the time of the settlement between plaintiff and defendants, Moorhead, as construction agent, etc., had no right of property in the ties in controversy, nor any interest or lien thereon, under the contracts between him and the defendants, such as prevented the defendants from giving, and plaintiff from acquiring, an absolute title thereto under their agreement of settlement, it is difficult to see why the terms of such settlement are not conclusive upon plaintiff’s right of recovery in this action; for if, under such settlement, the plaintiff in fact became fully reinvested with the…
2Cases cited3 opinions
- Tompkins v. . DudleyNew York Court of Appeals · 1862
- School District No. 1 v. DauchySupreme Court of Connecticut · 1857
- Andrews v. . DurantNew York Court of Appeals · 1854
3Cited by4 opinions
- Town of Saugus v. B. Perini & Sons, Inc.Massachusetts Supreme Judicial Court · 1940
- Steiger Terra Cotta & Pottery Works v. City of SonomaCalifornia Court of Appeal · 1909
- Chandler v. De GraffSupreme Court of Minnesota · 1878
- Chandler v. De GraffSupreme Court of Minnesota · 1880