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Minnesota Reports (Volume 111)

Minnesota Reports (Volume 111)


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Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: could claim, whether the contract be construed as executory or an executed sale of the lumber; and, so construing it, the sole question presented is whether the right to insist on a renewal has been shown. Prima facie the notes were due and payable at the time stated in each, and if the lumber company has failed for any reason to ship the lumber the burden to show the fact was upon defendants, in order that they might be in position to demand or insist on a renewal or extension of the time of payment. The contract provided that all lumber should be shipped before June 1, 1908, but it does not provide to whom or where. The evidence, however, discloses that defendants directed its shipment from time to time to various persons to whom it had made sales. But there is a total lack of evidence tending to show that defendants had directed where to ship the balance on hand at the time of or before the maturity of the notes in suit, or the day fixed by the contract when all the lumber should be shipped out, viz., June 1, 1908. Nor was it shown that the lumber company had refused compliance with the contract in this respect, or had refused to deliver lumber to the defendants for shipment pursuant to their directions. In view of this situation, it is clear that defendants failed to show themselves entitled to further delay in the payment of these obligations. They established no breach of the contract by the lumber company, and, having failed to do so, the court rightly directed a verdict for plaintiff. In view of this conclusion, it is immaterial whether the plaintiff is a bona fide holder of the notes, within the meaning of the law; the defendants having presented no defense to the action. Order affirmed. I. E. FOSS v. Q. F. DULLAM and Others.1 June 10, 1910. Nos. 16,529?(132). A...


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Product Details
  • ISBN-13: 9780217257978
  • Publisher: General Books
  • Publisher Imprint: General Books
  • Height: 246 mm
  • No of Pages: 220
  • Spine Width: 12 mm
  • Width: 189 mm
  • ISBN-10: 0217257976
  • Publisher Date: 04 Jan 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 399 gr


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