Maurin v. Lyon
Supreme Court of Minnesota
Action in the district court for Stearns county by Marcus Maurin and Peter Maurin, co-partners as Maurin Brothers, against George Tileston to recover the purchase price of 1,520 bushels of wheat sold by plaintiffs to defendant at the agreed price of 86 cents per bushel.
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Action in the district court for Stearns county by Marcus Maurin and Peter Maurin, co-partners as Maurin Brothers, against George Tileston to recover the purchase price of 1,520 bushels of wheat sold by plaintiffs to defendant at the agreed price of 86 cents per bushel. Defendant in his answer set up a counterclaim for $1,011.96, alleged to be due defendant for wheat sold to plaintiffs under another contract. . The case was tried before a referee, who found in defendant’s favor on his counterclaim. While the action was pending defendant died, and D. E. Lyon, his executor, was substituted as…
1Opinion of the CourtMitchell, J.
Defendant’s counterclaim is founded on an alleged purchase of 5,000 bushels of wheat by the plaintiffs from the defendant’s testate, Tileston. The principal points urged by the plaintiffs are (1) that there was no sufficient memorandum of the contract of purchase to take the case out of the statute of frauds, and that parol evidence was improperly admitted to explain the terms of the written memorandum ; (2) that the alleged purchase was the individual transaction of the plaintiff Marcus Maurin, and not within the scope of the partnership business.
1. The written memorandum was in the words…
2Cases cited3 opinions
- Paine v. SmithSupreme Court of Minnesota · 1885
- Olson v. SharplessSupreme Court of Minnesota · 1893
- Merchant v. HowellSupreme Court of Minnesota · 1893
3Cited by9 opinions
- In Re Minnesota Kicks, Inc.United States Bankruptcy Court, D. Minnesota · 1985
- First Western Bank v. Livestock Yards Co.South Dakota Supreme Court · 1989
- Western Union Telegraph Co. v. MerrittSupreme Court of Florida · 1908
- Companhia De Navegacao Lloyd Brasileiro v. C. G. Blake Co.Court of Appeals for the Second Circuit · 1929
- Quinn-Shepherdson Co. v. Triumph Farmers Elevator Co.Supreme Court of Minnesota · 1921
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