Minnesota Linseed Oil Company v. Maginnis

• Decision Date: 12 June 1884
• Citation: 20 N.W. 85,32 Minn. 193
• Parties: Minnesota Linseed Oil Company v. John Maginnis
• Court: Minnesota Supreme Court

20 N.W. 85

32 Minn. 193

Minnesota Linseed Oil Company v. John Maginnis

Supreme Court of Minnesota

June 12, 1884

Appeal by defendant from an order of the district court for Stevens county, Brown, J., presiding, refusing to dissolve a temporary writ of injunction.

The instrument referred to in the opinion was in the following form:

"$ 162.00. Morris, May 26, 1882.

"For value received, and in consideration of ninety bushels of prime, clean flaxseed, the receipt whereof is hereby acknowledged by me, John Maginnis, of section seven, town of , county of Stevens, State of Minnesota, I promise to pay to the Linseed Oil Company of Minneapolis, Minnesota, or its order, the sum of $ 162, on or before the first day of October, 1882, with interest at ten per cent. per annum from date until paid.

"It is further agreed and understood that all of said seed is sold and advanced to me for the purpose of sowing on suitable and well-prepared ground, which I agree to do this present season, without any warranty, either express or implied, as to the quality of said seed; and in consideration of such advance I hereby agree to carefully harvest and deliver all my crop of flaxseed, well cleaned and in prime order, to the agent of the above-named company, at Morris, before the first day of December, 1882, at 35 cents per bushel below the average Chicago market price at time of delivery, which said company agrees to pay me for said seed on the basis of 56 pounds to the bushel of prime, clean flaxseed delivered as above. And that the following table shall be the basis in determining the quality and grade of said seed: * * (giving a table of weights and grades.) And I further agree to collect of its agent, at the time of delivery, all amounts that may be due me for flaxseed, and hold the said company harmless for failure to do so.

"For the purpose of securing the payment of the sum of money above-mentioned, and also as security for the delivery of the crop of flaxseed as above stated, I hereby grant, sell and convey unto the said Minnesota Linseed Oil Company the following-described goods and chattels, to wit: My entire crop of flaxseed raised during this year from said seed. To have and to hold the same forever. And I will forever warrant and defend the same against all persons whomsoever. Upon condition, however, that if I shall pay the Minnesota Linseed Oil Company the sum of money hereinbefore mentioned as the price of the seed advanced, and shall further well and faithfully perform the contract hereinbefore mentioned for the delivery of the entire crop of flaxseed, in accordance with the terms of said contract, then these presents to be void, otherwise to be in full force and effect. Should suit be brought for the collection of this note or the enforcement of this contract, a reasonable attorney's fee shall be added to the principal and interest as part of the judgment with other costs.

"And I further agree that should I, in any manner, dispose of any of the crops of flaxseed raised under the above contract to any party other than the said company or its agent, to forfeit and pay to said company fifty cents per bushel for every bushel so disposed of, as liquidated damage for so doing.

"Witness my hand this 26th day of May, 1882.

"John Maginnis."

Order reversed.

Brown & Chew, for appellant.

L. C Spooner, for respondent.

OPINION

Gilfillan, C. J. ^[1]

^[1] Appeal from an order refusing to dissolve a temporary writ of injunction. The injunction was issued before the time to answer expired, upon the complaint, and an affidavit supporting its allegations and restrained the defendant until the further order of the court from selling or disposing of certain flaxseed. The relief prayed in the complaint is that defendant be enjoined from selling or otherwise disposing of the flaxseed; that the amount plaintiff is entitled to recover in the action be adjudged and declared a specific lien on the flaxseed, and such other or further relief as to the court shall seem meet...