Anderson v. Maloy
Supreme Court of Minnesota
Plaintiffs brought this action in the district court for Washington county to recover the value of their services in driving logs. They allege that defendants were the owners of 1,700,000 feet of pine saw-logs lying in and on the banks of Snake river, and destined for the .St.
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Plaintiffs brought this action in the district court for Washington county to recover the value of their services in driving logs. They allege that defendants were the owners of 1,700,000 feet of pine saw-logs lying in and on the banks of Snake river, and destined for the .St. Croix boom, and plaintiffs were the owners of a large quantity of logs lying up stream from those of defendant, and which plaintiffs began to drive towards the St. Croix boom, until they reached the logs of defendants, when, without plaintiffs’ fault, their own logs became inevitably stopped by defendants’ logs, and…
1Opinion of the Court
Berry, J.1
The plaintiffs’ claim for driving the 400,000 feet of' logs was based upon an alleged undertaking on their part to drive them at an alleged special request of the defendants. If such was the undertaking, and plaintiffs performed it, as there was competent evidence tending to show, then, in the absence of an agreed price, plaintiffs were entitled to recover the reasonable value of their services. Whether the undertaking was performed wholly by plaintiffs themselves, or in part by other persons whose services they recognized and paid for, is quite immaterial. It is enough for…
2Cited by2 opinions
- O'Brien v. GlasowSupreme Court of Minnesota · 1898
- Territory ex rel. Curran v. GutierrezNew Mexico Supreme Court · 1904