Dowagiac Manufacturing Co. v. Watson
Supreme Court of Minnesota
Action in the district court for L,yon county to recover $1,650, the purchase price of certain machinery alleged to have been sold and delivered to defendants under a written contract. Defendants in their answer denied the contract and interposed a counterclaim of $323.05 for freight charges and storage.
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Action in the district court for L,yon county to recover $1,650, the purchase price of certain machinery alleged to have been sold and delivered to defendants under a written contract. Defendants in their answer denied the contract and interposed a counterclaim of $323.05 for freight charges and storage. The case was tried before Webber, J., and a j’ury, which rendered a verdict in favor of defendants for $28.20. From a judgment entered pursuant to the verdict, plaintiff appealed.
1Opinion of the CourtLewis, J.
November 8, 1898, appellant by its agent, L. Van Hecke, and respondents entered into a written contract at Marshall, Minnesota, the home of respondents, by the terms of which respondents were authorized for the season of 1899 to sell, on certain terms, the grain-seeding machinery manufactured by appellant, and which provided that no agreements, considerations, or stipulations modifying or changing the contract should be recognized as binding, unless in writing and signed by appellant or its duly authorized agent; the contract being subjecc to the approval of appellant company. The instrument,…
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