Iverson v. Cirkel
Supreme Court of Minnesota
Appeal by defendants, August Cirkel and J. W. Cirkel, from an order of the Municipal Court of the city of Minneapolis, Stephen Ma-honey, J., made July 8, 1893, denying their motion for a new trial. The plaintiffs, James Iverson and Fred Iverson, were manufacturers of wagons and carts at Minneapolis. On March 20, 1893,. defendants orally ordered plaintiffs to make for them two dump-•carts with heavy steel axle and four inch tire and promised to pay $70 for each of them.
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Appeal by defendants, August Cirkel and J. W. Cirkel, from an order of the Municipal Court of the city of Minneapolis, Stephen Ma-honey, J., made July 8, 1893, denying their motion for a new trial. The plaintiffs, James Iverson and Fred Iverson, were manufacturers of wagons and carts at Minneapolis. On March 20, 1893,. defendants orally ordered plaintiffs to make for them two dump-•carts with heavy steel axle and four inch tire and promised to pay $70 for each of them. Plaintiffs made and shipped the carts to defendants at Thorp, Wisconsin. When they arrived defendants refused to receive…
1Opinion of the Court
Collins, ¿T.
Defendants’ counsel have made an able and exhaustive argument in support of their claim that the contract on which plaintiffs seek to recover was within the statute of frauds, 1878, G. S. ch. 41, § 7, and void, but the question is not before us for determination. Had counsel intended to rely upon the statute as a defense, they should have done one of two things: They should have rested upon the general denial found in the answer, which denial was sufficient to put plaintiffs upon proof of a valid agreement, Fontaine v. Bush, 40 Minn. 141, (41 N. W. 465,) or they should have…
2Cases cited1 opinion
- Fontaine v. BushSupreme Court of Minnesota · 1889
3Cited by8 opinions
- Christiansen v. AldrichMontana Supreme Court · 1904
- Hanson v. MarionSupreme Court of Minnesota · 1915
- Bean v. LampreySupreme Court of Minnesota · 1901
- Abba v. SmythUtah Supreme Court · 1899
- Borchardt v. KulickSupreme Court of Minnesota · 1951
3 more not listed; retrieve them via the Exa API.