McCormick v. Miller
Supreme Court of Minnesota
This action was commenced in the district court for Dakota Bounty, to recover the purchase price of a reaper, and was afterwards transferred by stipulation to the district court for Ramsey county. The principal issue between tbe parties was as,to whether the reaper was sold to the defendant, or one Andrew Jordan, between whom and John Rhodes, one of the agents of the plaintiffs, the transaction in regard to the sale took place. The action, was tried before a referee.
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This action was commenced in the district court for Dakota Bounty, to recover the purchase price of a reaper, and was afterwards transferred by stipulation to the district court for Ramsey county. The principal issue between tbe parties was as,to whether the reaper was sold to the defendant, or one Andrew Jordan, between whom and John Rhodes, one of the agents of the plaintiffs, the transaction in regard to the sale took place. The action, was tried before a referee. At the close of plaintiffs’ testimony,' which is too voluminous to be given here, on motion of the defendant the referee…
1Opinion of the Court
By the Court.
McMillan, J.
The complaint alleges in due form, that the plaintiffs, partners, on or about the 25th of July, 1868, at the request of defendant, sold and delivered to him one four horse reaper of the value of two hundred and five dollars; that said sum has long since been due, and defen*446dant refuses and neglects to pay the same. The defendant for answer, among other things “denies that the plaintiffs at the time stated in the complaint, or at any other time, sold and delivered to him any reaper.”
The cause was referred for trial to George L. Otis, Esq., sole referee. Upon the trial…
2Cases cited1 opinion
- Scofield v. . HernandezNew York Court of Appeals · 1872
3Cited by2 opinions
- United States Farm Land Co. v. JamesonCourt of Appeals for the Eighth Circuit · 1917
- Volmer v. StagermanSupreme Court of Minnesota · 1878