Laurens Mills v. MMC INC.

Knutson, Chief Justice.

This is an appeal from a summary judgment entered in favor of plaintiff.

The dispute arises out of a number of sales of textile fabrics by Laurens Mills, a New York resident, to M. M. C., Inc., and Minnesota Woolen Company, a partnership, both located in Duluth, Minnesota. The goods were purchased on a written order showing that the sale was made to “M M C Inc. and/or Minnesota Woolen Co. 514 W. First St. Duluth 2, Minn.” The written order was signed by a representative of M. M. C., Inc. A dispute arose as to the quality of the goods, whereupon Laurens Mills filed a…