Alfred Shrimpton & Sons v. Philbrick
Supreme Court of Minnesota
Appeal by plaintiff, Alfred Shrimpton & Sons, (Limited), a corporation, from an order of the District Court of Redwood County, B. F. Webber, J., made January 14, 1893, denying its motion for a new trial.
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Appeal by plaintiff, Alfred Shrimpton & Sons, (Limited), a corporation, from an order of the District Court of Redwood County, B. F. Webber, J., made January 14, 1893, denying its motion for a new trial. The defendant, F. W. Philbrick, on September 23, 1891, gave plaintiff’s traveling salesman an order for two great gross papers of pins, 200 in a paper, at two and a fourth cents per paper, $77.76, and for two great gross papers, 360 in a paper, at three and three-fourths cents per paper, $129.60, payable in thirty days; one per cent, discount if paid in ten days. The pins were to be made at…
1Opinion of the CourtMitchell, J.
1. This action was brought to recover the purchase price of certain merchandise, the principal item of which was four great gross of papers of pins, which plaintiffs claim defendant ordered, and which they shipped to him, but which he refused to accept, on the ground that he had ordered only four gross.
Defendant’s written order read “four great gross,” but he alleged that the actual contract, as orally agreed on between him and plaintiffs’ agent, was for only four gross, but that the agent, who voluntarily assumed to reduce the contract to writing, with intent to cheat and defraud the…
2Cases cited3 opinions
- Maxfield v. SchwartzSupreme Court of Minnesota · 1890
- Erickson v. FisherSupreme Court of Minnesota · 1892
- C. Aultman & Co. v. OlsonSupreme Court of Minnesota · 1886
3Cited by12 opinions
- Och v. Missouri, Kansas & Texas Railway Co.Supreme Court of Missouri · 1895
- Fargo Gas & Coke Co. v. Fargo Gas & Electric Co.North Dakota Supreme Court · 1894
- Eggleston v. Advance Thresher Co.Supreme Court of Minnesota · 1905
- Kemery v. ZeiglerIndiana Supreme Court · 1912
- Manahan v. JacobsonSupreme Court of Minnesota · 1948
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