Merchant v. Howell
Supreme Court of Minnesota
Appeal by plaintiffs, Henry W. Merchant and Clarke Merchant, from an order of the District Court of Hennepin County, Frederick Hooker, J., made March 11, 1892, granting a new trial on motion of the defendants, Robert R. Howell and David R. Howell. The plaintiffs deal in metals, brass and copper goods at Philadelphia, Pa. Defendants deal in supplies for engines, boilers and machinery at Minneapolis.
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Appeal by plaintiffs, Henry W. Merchant and Clarke Merchant, from an order of the District Court of Hennepin County, Frederick Hooker, J., made March 11, 1892, granting a new trial on motion of the defendants, Robert R. Howell and David R. Howell. The plaintiffs deal in metals, brass and copper goods at Philadelphia, Pa. Defendants deal in supplies for engines, boilers and machinery at Minneapolis. On December 5, 1889, defendants wrote plaintiffs as follows: “Please enter our order for 600 — 2 inch boiler flue ferrules; 1,500— 2\ inch and 1,200 — 3 inch. . This is outside diameter. All to be…
1Opinion of the CourtCollins, J.
The real controversy between the parties to this action is whether the defendants’ written order for boiler-flue ferrules, which plaintiffs undertook to fill, was, and should have been so understood, for ferrules of the dimensions specified, outside diameter measurements, the gauge- thickness being about 1-18 of an inch, or for ferrules which would fit upon and over boiler flues of these diameter measurements, outside. The defendants contend that their order for “600 2-inch boiler-flue ferrules; 1,500 2-|-inch; and 1,200 3-inch. This is outside diameter,” — was plain and unambiguous, and that…
2Cases cited2 opinions
- Paine v. SmithSupreme Court of Minnesota · 1885
- Fowlds v. EvansSupreme Court of Minnesota · 1893
3Cited by2 opinions
- E. L. Welch Co. v. Lahart Elevator Co.Supreme Court of Minnesota · 1913
- Maurin v. LyonSupreme Court of Minnesota · 1897