Minnesota Supreme Court, 1884

Adams v. Mille Lacs Lumber Co.

Minnesota Supreme Court · Decided June 12, 1884 · Berry

32 Minn. 216; 19 N.W. 735; 1884 Minn. LEXIS 132 (Minnesota Reports)

Counsel

James é Warren, for appellant., Atwater é Hill, for respondents.

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Citation treatment has not been reviewed for this case. The notes below come from the citation graph and the Minnesota Revisor's amendment records, not from a review of how later courts treated this decision.

(as of 9/30/2026)

Last cited by a Minnesota appellate court in 1927, among the opinions in this site’s citation index.

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Cases that cite this one

3 later published cases cite this decision.

Lundgren v. Union Indemnity Co. (Minn. 1927)
Ikenberry v. New York Life Insurance (Minn. 1916)
Woody v. Carolina Spruce Co. (N.C. 1918)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Berry, J.

This is a controversy as to the terms of a contract under which plaintiffs drove certain logs for defendant. To prove their version of the contract, plaintiffs introduced a telegram. There was no competent evidence to show that it was sent by or on behalf of *217defendant, and its admission over defendant’s objection was therefore improper. Burt v. Winona & St. P. R. Co., 31 Minn. 172. The error in admitting it cannot be held immaterial, for the main question in the ease was whether one Heath had authority from defendant to make the contract which plaintiffs claim that he did make. Aside from the telegram, the only substantial evidence of his authority is found in admissions in defendant’s answer, and in a letter from defendant’s president. These admissions, however, are only of authority to make such a contract as is set up in defendant’s answer; that is to say, of a limited authority to make that particular contract •and no other. The telegram, in connection with some other testimony in the case, tended to show, or at any rate was introduced and received as tending to show, a general authority in Heath to make a ■contract with plaintiffs for the driving of the logs, without limitation as to terms. There must, therefore, be a new trial on account of its admission.

Order reversed, and a new trial directed.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.