Olson v. Sharpless
Supreme Court of Minnesota
Appeal Tby defendants, Henry W. Sharpless and Townsend Sharp-less, from a judgment of the District Court of Hennepin County, Thomas Canty, J., entered November 15, 1892, for $137.26. In 1890, the plaintiff, S. E. Olson, was a retail merchant doing business in Minneapolis under the name of S. E. Olson & Co. Defendants were wholesale merchants doing business at Philadelphia, Pa., under the name of Sharpless Bros.
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Appeal Tby defendants, Henry W. Sharpless and Townsend Sharp-less, from a judgment of the District Court of Hennepin County, Thomas Canty, J., entered November 15, 1892, for $137.26. In 1890, the plaintiff, S. E. Olson, was a retail merchant doing business in Minneapolis under the name of S. E. Olson & Co. Defendants were wholesale merchants doing business at Philadelphia, Pa., under the name of Sharpless Bros. Their traveling salesman L. F. Rockwell called upon plaintiff November 19, 1890, and obtained from him an oral order for one hundred and one pieces of cashmere, ordinary colors, and…
1Opinion of the CourtMitchell, J.
Defendants’ assignments of error are all directed to two general propositions : First, that no contract or agreement was ever arrived at between the parties; and, second, that the trial court adopted an erroneous measure of damages.
*94In support of the first proposition it is urged (1) that the defendants never accepted plaintiff’s order for the goods, and hence that no contract was agreed to, even orally, and, (2) even if there was, there was no written memorandum of it sufficient to satisfy the statute of frauds. The memorandum need not be a single paper. Several papers may be taken together…
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