Geiser Mfg. Co. v. Cassell
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of the United States for the District of Minnesota. This action was brought by the plaintiff below, being also the plaintiff in error, to recover the purchase price of a threshing outfit consisting of an engine, separator, feeder, and some other minor parts. The price was $2,150 and a second-hand machine, which the jury found to he worth $800. The defendant signed an order for tins machinery, upon a printed form prepared by ilie plaintiff.
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In Error to the Circuit Court of the United States for the District of Minnesota. This action was brought by the plaintiff below, being also the plaintiff in error, to recover the purchase price of a threshing outfit consisting of an engine, separator, feeder, and some other minor parts. The price was $2,150 and a second-hand machine, which the jury found to he worth $800. The defendant signed an order for tins machinery, upon a printed form prepared by ilie plaintiff. It contained a guaranty “that the machinery is as well built, and all things being equal, will do as good work as any other…
1Opinion of the CourtAmidon, District Judge
(after stating the facts as above). Most of the contentions of the plaintiff rest upon a construction of the contract, which omits to give proper effect to the condition in writing which was added upon the demand of the defendant. By a well-settled rule, where there is any conflict between printed portions of a contract and those in writing, the written portions control. In our judgment the written stipulation in this case completely transformed the nature of the contract. The printed order was highly artificial — was prepared with studious care to protect every right of the plaintiff, and to…
2Cases cited12 opinions
- Nichols-Shepard Co. v. RhoadmanMissouri Court of Appeals · 1905
- Nichols & Shepard Co. v. WiedemannSupreme Court of Minnesota · 1898
- Gridley v. MyersSupreme Court of Minnesota · 1898
- Avery Planter Co. v. PeckSupreme Court of Minnesota · 1902
- Larson v. Minneapolis Threshing Machine Co.Supreme Court of Minnesota · 1904
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