Legal Opinion

Knoblauch v. Kronschnabel

Supreme Court of Minnesota

Decided January 15, 1872PublishedCited by 4 opinions

The parties entered into a contract for the sale and delivery of a quantity of flour by the defendant to the plaintiffs, the terms of which are set forth in the following copy of receipt • or memorandum, to-wit: “ Received, Benton, July 19th, 1870, of Knoblauch & Thompson the sum of one hundred dollars, being’ part payment on two hundred barrels of sound flour, bought this day, said flour to be delivered unto Knoblauch & Thompson, at Carver, free of charge upon further…

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The parties entered into a contract for the sale and delivery of a quantity of flour by the defendant to the plaintiffs, the terms of which are set forth in the following copy of receipt • or memorandum, to-wit: “ Received, Benton, July 19th, 1870, of Knoblauch & Thompson the sum of one hundred dollars, being’ part payment on two hundred barrels of sound flour, bought this day, said flour to be delivered unto Knoblauch & Thompson, at Carver, free of charge upon further payment of nine hundred and ten ($910) dollars. (Rev. Stamp.) Casper Kronschnabel.” The complaint avers the making of the…

1Opinion of the Court

By the Court.

McMillan, J.

The decision of this case turns upon the question whether there was a delivery of the flour under the contract.

The contract is for the sale and delivery of two hundred barrels of sound flour.

Where there has been a sale and delivery of personal property with a warranty of the thing sold, unless the return of the property, if defective, is provided for in the contract, or *303there has been fraud on the part of the vendor, the vendee in case of a breach of the warranty cannot' rescind the contract or return the property and recover the price paid without the consent of the…

2Cases cited5 opinions

  1. Williams v. BaldwinNew York Supreme Court · 1821
  2. Nelson v. RobsonSupreme Court of Minnesota · 1871
  3. Humphrey v. HavensSupreme Court of Minnesota · 1867
  4. Baze v. ArperSupreme Court of Minnesota · 1861
  5. Kumler v. FergusonSupreme Court of Minnesota · 1862

3Cited by4 opinions

  1. Thoreson v. Minneapolis Harvester WorksSupreme Court of Minnesota · 1882
  2. Minneapolis Harvester Works v. BonnallieSupreme Court of Minnesota · 1882
  3. Calhoun v. PauleMissouri Court of Appeals · 1887
  4. Kronschnable v. KnoblauchSupreme Court of Minnesota · 1874

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