Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1883-04-25
THE BIG SUIT.


Court to only About a Million Dollars.
Some weeks ago the Northwestern Fuel
company commenced a suit in the Ramsey
county district court against the Burling-
ton, Cedar Rapids q Northern Railway
company to recover damages in the
made motion to strike out portion of
the complaint. Yesterday the court filed
the following order:
ORDER OF THE COURT.
The notice by the defendant for an order
striking out certain portions of the COM
plant herein as being irrelevant ana re-
dundant, came on for hearing at a special
term of said court. April 18th, 1883, and
having heard the attorneys of the respect
i've parties thereon and after due consider
alton it is now ordered that the following
allegations of the said complaint, to-wit
First-And plaintiff further shows that
relying upon said contract and in view
of the terms and conditions thereof,
and upon the belief that said defendant
proposed and intended to carry out the
same upon its part in manner and form as
it was therein prescribed, and because of
prior sufficient and full performance upon
the part of said defendant and because of
the frequent and repeated requests upon
the part of said defendant prior to the
said refusals made to this plaintiff to in
crease the said shipments of coal from
said What Cheer, and increase the amount
of said coal to be carried and to be
delivered at said What Cheer, this plaintiff,
prior to said refusals on the part
of said defendant and during
the year 1882 and in the early part of the
year 1888, did make and enter into sundry
and divers contracts and agreements with
sundry other railroad companies and in
dividuals residing and doing business in
the state of Minnesota and the territory
of Dakota and elsewhere for the sale to
them of large quantities of said coal from
What Cheer, and of the kind and character
of coal so controlled and owned by the
plaintiff at said What Cheer; that said
contracts aggregated in the amount more
than 100000 tons of coal, which
this plaintiff upon its part agreed to furnish
and deliver to said parties with whom it
was contracting at different points within
| the state of Minnesota and elsewhere at
different times during the year 1882 and
| the year 1888; that in making said con-
! tracts agreeing to furnish said coal and in
| fixing the price at which this plaintiff
would sell the same and entering into the
contracts aforesaid and at the time and in
| the manner provided in said contracts this
| plaintiff acted solely and entirely upon
the faith of the contract between it and the
| defendant which is hereunto annexed; that
| it made and entered into said contracts and
| fixed the prices aforesaid by and with the
| knowledge and consent of said defendant
and in reliance upon said contract, and Sc
| extended and increased its business at the
request and for the benefit of said defend.
ant; that of the foregoing facts said
| defendant and its officers were always
fully advised and had full and
complete knowledge thereof; that if said
defendant had complied with the terms
and conditions of said contract upon its
| part. the plaintiff could and would have
| furnished said coal at and for the price OF
| at least fifty cents per ton for said coal
| over and above the cost of the mining OF
the same, and of the transportation of the
same, as provided for in the contracts
| hereunto annexed, and that by reason OF
the premises the plaintiff has been unable
to fill said contracts, to provide
| its said customers with said
coal and has been unable to furnish them
said coal and carry out the same thereby
losing the profits whichit would otherwise
have made upon said coal and which said
| profits would have amounted at least to
the sum of $125,000 and to Its damage in
the business in the sum $125,000."
Second.-''The plaintiff further alleges
that by reason of said wrongful refusal on
| the part of said defendants to carry out
its said contract, this plaintiff has been in
| many instances compelled to furnish its
customers and persons with whom it has
made contracts to supply them with coal
with other and different coal at largely in
creased prices and accounts which in al
of such cases amount to at least $40 pei
ton over and above the price which thi:
plaintiff could have furnished the same had
said defendant complied with the terms Of
said contract, and that said plaintiff has
been compelled to incur and expend, anC
has incurred and expended in filling sale
contracts in the amount of the further sun
of at least S31, 1885,"
Third-"And the plaintiff further al
leges that in pursuance of said contrac
and in fulfilling and seeking to fulfill tn,
conditions thereof upon its part, and in re
spouse to said solicitations of said defend
|
said coal it has increased and expended il
and about the mine of What Cheer, and il
and about its contracts for mining ant
the furnishing of said coal the further sun
of at least 100000, all of which has beer
wholly lost to this plaintiff by reason O.
said refusal on the part of said defendant
Fourth-"And plaintiff further allege
that by reason of the premises and tb,
aforesaid wrongful acts and refusals upol
the part of said defendant, it has beer
unable to fulfill its contracts with its custo
mers; its business has been interfereC
with; its capacity to carry on its bushes
has been lessened and interfered with tt
its further damage in the premises in TIL
sum of at least 100000" be, and the SAM
is hereby stricken out as irrelean
and redundant; and it is furthe
ordered that in respect to the other allie
cation of the complaint referred to in sait
motion, said motion be and the same i
hereby denied.
ORLANDO SIMoNs,
District Judge.
st. Paul National Bank,
The new st. Paul National bank, capita
| CT O00 O00 Of xphicb Pafar Rarkav Far /