Knoblauch v. Kronschnabel
Supreme Court of Minnesota
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…
Read the full summary
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
- Williams v. BaldwinNew York Supreme Court · 1821
- Nelson v. RobsonSupreme Court of Minnesota · 1871
- Humphrey v. HavensSupreme Court of Minnesota · 1867
- Baze v. ArperSupreme Court of Minnesota · 1861
- Kumler v. FergusonSupreme Court of Minnesota · 1862
3Cited by4 opinions
- Thoreson v. Minneapolis Harvester WorksSupreme Court of Minnesota · 1882
- Minneapolis Harvester Works v. BonnallieSupreme Court of Minnesota · 1882
- Calhoun v. PauleMissouri Court of Appeals · 1887
- Kronschnable v. KnoblauchSupreme Court of Minnesota · 1874