Legal Opinion

Kessler v. Smith

Supreme Court of Minnesota

Decided February 10, 1890PublishedCited by 17 opinions

Appeal by defendant from an order of the district court for Ramsey county, refusing a new trial after a trial before Kelly, J., and a verdict of $918.47 directed for plaintiffs.

1Opinion of the CourtVanderburgh, J.

One of the plaintiffs solicited and received the following order for the sale and delivery of goods, made and signed by the defendant: “St. Paul, May 5, ’87. Messrs. George A. Kessler & Co., New York — Gents: Please ship me following goods via rail: Released 5 bbls. U. S. Monogram Rye, at $4.00 per gal. Rebate of 25 *495cents per gal. Terms, bill dated June 1st, less 4 per cent. — 30 days. Whisky to be shipped not before June 1st. (Freight.) And obligo, respectfully, Jno. F. Smith.” In pursuance of the order, the plaintiffs thereafter, on June 2d, shipped the goods, as ordered, to the defendant…

2Cases cited3 opinions

  1. White v. . CorliesNew York Court of Appeals · 1871
  2. Locke v. First Div. of the St. Paul & Pacific RailroadSupreme Court of Minnesota · 1870
  3. Janney v. SleeperSupreme Court of Minnesota · 1883

3Cited by17 opinions

  1. Leo Austrian & Co. v. SpringerMichigan Supreme Court · 1892
  2. Western Land Ass'n v. BanksSupreme Court of Minnesota · 1900
  3. American Manufacturing Co. v. KlarquistSupreme Court of Minnesota · 1891
  4. Cameron Coal & Mercantile Co. v. Universal Metal Co.Supreme Court of Oklahoma · 1910
  5. Aultman, Miller & Co. v. CliffordSupreme Court of Minnesota · 1893

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