Bowers v. Whitney
Supreme Court of Minnesota
Action in the district court for Stearns county to recover $112 for breach of contract to sell and deliver to plaintiffs eight hundred bushels of rye. The case was tried before Searle, J., who dismissed the action upon the close of plaintiff’s testimony. From an order granting a motion for a new trial, defendant appealed.
1Opinion of the CourtStart, C. J.
The complaint herein alleged that on July 9, 1901, the defendant agreed to sell and deliver to the plaintiffs at Cable station, in the county of Sherburne, on or before September 25, 1901, eight hun*169dred bushels of rye, at and for the agreed price of thirty-six cents per bushel, -which the plaintiffs agreed to pay therefor; that the •defendant did not deliver the rye, whereby they were damaged in the sum of $112. The answer denied the making of the contract.
On the trial of the action, the plaintiffs offered in evidence a memorandum in writing, signed and delivered by defendant, which was in…
2Cases cited3 opinions
- Locke v. First Div. of the St. Paul & Pacific RailroadSupreme Court of Minnesota · 1870
- Brown v. SanbornSupreme Court of Minnesota · 1875
- Williams v. McGradeSupreme Court of Minnesota · 1868
3Cited by9 opinions
- Thorn v. BrowneCourt of Appeals for the Eighth Circuit · 1919
- Wright v. Seattle Grocery Co.Washington Supreme Court · 1919
- Bailey v. LeishmanUtah Supreme Court · 1907
- Nebraska Bridge Supply & Lumber Co. v. ConwaySupreme Court of Iowa · 1905
- Borchardt v. KulickSupreme Court of Minnesota · 1951
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