Legal Opinion

Brown & Haywood Co. v. Wunder

Supreme Court of Minnesota

Decided May 20, 1896No. Nos. 9913-(171)PublishedCited by 4 opinions

Appeal by defendant from an order of tbe district court for Hennepin county, Jamison, J., denying a motion for a new trial. Where a contract is intended to result in the transferring for a. price from B to A a chattel in which A had no previous property, it is a contract for the sale of a chattel. Browne, St. Frauds, §§ 308, 309, 310; 1 Benjamin, Sales, §§ 108, 117; 8 Am. & Eng. Enc.

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Appeal by defendant from an order of tbe district court for Hennepin county, Jamison, J., denying a motion for a new trial. Where a contract is intended to result in the transferring for a. price from B to A a chattel in which A had no previous property, it is a contract for the sale of a chattel. Browne, St. Frauds, §§ 308, 309, 310; 1 Benjamin, Sales, §§ 108, 117; 8 Am. & Eng. Enc. Law, 704-709; Brown v. Sanborn, 21 Minn. 402; Russell v. Wisconsin, M. & P. R. Co., 39 Minn. 145, 39 N. W. 302. See, also, Hanson v. Marsh, 40 Minn. 1, 40 N. W. 841; Pratt v. Miller, 109 Mo. 78,18 S. W. 965;…

1Opinion of the CourtCanty, J.

This is an action for damages for loss of plaintiff’s anticipated profits, caused by the breach by defendant of an executory agreement between the parties. Defendant was about to bid for a contract to rebuild a burnt portion of a building in Minneapolis, and received from plaintiff the following proposition to furnish the glass for the same: “Minneapolis, Minn., Feb. 6th, 1894. John Wunder, Esq., City — Dear Sir: We will furnish all plate glass, double-strength glass, beveled plate set in metallic sash, and crystalline glass, as per plans and specifications, for the burnt portion of the…

2Cases cited1 opinion

  1. Olson v. NelsonSupreme Court of Minnesota · 1859

3Cited by4 opinions

  1. Frederick Raff Co. v. MurphySupreme Court of Connecticut · 1929
  2. Town of Saugus v. B. Perini & Sons, Inc.Massachusetts Supreme Judicial Court · 1940
  3. Rino v. Statewide Plumbing & Heating Co.Idaho Supreme Court · 1953
  4. Schloss v. JosephsSupreme Court of Minnesota · 1906

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