Liljengren Furniture & Lumber Co. v. Mead
Supreme Court of Minnesota
Action in the municipal court of Minneapolis to recover $198.50 as the “agreed price and fair and reasonable value” of window and door frames and window-sash sold and delivered to defendant. Defence that the goods delivered were furnished under an entire contract for use in a building in course of erection, which contract plaintiff has not fully performed, and counterclaim for damages for nonperformance.
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Action in the municipal court of Minneapolis to recover $198.50 as the “agreed price and fair and reasonable value” of window and door frames and window-sash sold and delivered to defendant. Defence that the goods delivered were furnished under an entire contract for use in a building in course of erection, which contract plaintiff has not fully performed, and counterclaim for damages for nonperformance. Plaintiff appeals from an order refusing a new trial, after trial by the court, and judgment for $101.50 ordered for defendant on her counterclaim.
1Opinion of the CourtMitchell, J.
The principal question raised by this appeal is whether defendant’s answer states facts sufficient to constitute a counterclaim for loss of rents of her building by reason of delay in its completion, caused by plaintiff’s alleged failure to furnish the outside window and door frames and sash at the time it had contracted. The action is for wares and merchandise, (these frames and sash,) sold and delivered to defendant at her request. The allegations of the answer, so far as here material, are that the plaintiff entered into a contract with defendant, by which it agreed to furnish and deliver…
2Cases cited5 opinions
- Paine v. SherwoodSupreme Court of Minnesota · 1875
- Frohreich v. GammonSupreme Court of Minnesota · 1881
- Driver v. FordIllinois Supreme Court · 1878
- Stone v. HarmonSupreme Court of Minnesota · 1884
- Palmer v. BreenSupreme Court of Minnesota · 1885
3Cited by29 opinions
- Nord v. HerreidSupreme Court of Minnesota · 1981
- Despatch Oven Co. v. RauenhorstSupreme Court of Minnesota · 1949
- Northern Petrochemical Co. v. Thorsen & Thorshov, Inc.Supreme Court of Minnesota · 1973
- Standard Box Co. v. Mutual Biscuit Co.California Court of Appeal · 1909
- Kleven v. Geigy Agricultural ChemicalsSupreme Court of Minnesota · 1975
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