Legal Opinion

Quinn-Shepherdson Co. v. Triumph Farmers Elevator Co.

Supreme Court of Minnesota

Decided April 29, 1921No. 22,159PublishedCited by 9 opinions

Action transferred to the district court for Martin county to recover $803.29 for breach of contract. The case was tried before Dean, J., who when plaintiff rested granted defendant’s motion to dismiss the action. From the order denying plaintiff’s motion for judgment in favor of plaintiff notwithstanding the order for dismissal, or for a new trial, plaintiff appealed.

1Opinion of the CourtHolt, J.

Plaintiff is a dealer in grain at Minneapolis, and defendant at Triumph, Minnesota. By three telephone communications two carloads of oats and one of com were sold by defendant to plaintiff in the months of January and February, 1917. The price of each carload was upwards of several hundred dollars. No part of the purchase price was paid, and no part of the grain was ever delivered. On the date of each sale plain*25tiff made a written memorandum in triplicate of the parties to the transaction, the property, price and terms, and stating that the memorandum was in confirmance of the telephone…

2Cases cited8 opinions

  1. Bibb v. AllenSupreme Court of the United States · 1893
  2. Ryan v. United StatesSupreme Court of the United States · 1890
  3. Lewis v. Atlas Mutual Life InsuranceSupreme Court of Missouri · 1876
  4. Lenman v. JonesSupreme Court of the United States · 1911
  5. Leesley Bros v. A. Rebori Fruit Co.Missouri Court of Appeals · 1912

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3Cited by9 opinions

  1. Brown v. State Automobile Insurance Assn.Supreme Court of Minnesota · 1944
  2. Holmes v. TorgusonCourt of Appeals for the Eighth Circuit · 1994
  3. Simplex Supplies, Inc. v. Abhe & Svoboda, Inc.Court of Appeals of Minnesota · 1998
  4. Union Hay Co. v. Des Moines Flour & Feed Co.Supreme Court of Minnesota · 1924
  5. Gary S. Holmes v. Marlin F. Torguson, Mardi Gras Casino Corp., Delta Casino Corp., Delta Casino Corp., Counterclaim Plaintiff-Cross-Appellant v. Gary S. Holmes, Commercial State Bank of Minnesota, Counterclaim Defendants-Cross-AppelleesCourt of Appeals for the Eighth Circuit · 1994

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