Bastian Bros. v. Wemott-Howard Co.
Supreme Court of Minnesota
Action in the municipal court of St. Paul, by a corporation organized under the laws of New York to recover $100.40 for goods sold and delivered. The answer alleged that plaintiff was transacting business in Minnesota without having complied with the provisions of E. L. 1905, §§ 2888, 2889, and further alleged that if there was any sale or contract of sale between the parties, it had been canceled and rescinded by mutual agreement. The reply was a general denial.
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Action in the municipal court of St. Paul, by a corporation organized under the laws of New York to recover $100.40 for goods sold and delivered. The answer alleged that plaintiff was transacting business in Minnesota without having complied with the provisions of E. L. 1905, §§ 2888, 2889, and further alleged that if there was any sale or contract of sale between the parties, it had been canceled and rescinded by mutual agreement. The reply was a general denial. The case was tried before Hanft, J., who made findings and ordered judgment in favor of plaintiff for the amount demanded.…
1Opinion of the CourtBrown, J.
'Pla.i-nt.iff is a corporation doing business at Eochester, in the *197state of Now York; defendant, a corporation doing business at St. Paul, this state. On September 18, 1908, plaintiff’s agent solicited and obtained from defendant an order for certain political campaign goods, to be shipped from said Eochester to St. Paul. The order given the agent was in the following language:
Sold to — Wemott-Howard Co.
Town St. Paul Via freight
500 Oxyd & Gilt Small Pobs, Bryan, -, 50.00 M. 25.00
500 Taft. 25.00
288 Oxyd Bryan large bulk 1.05 net 25.20
288 Taft 1.05 25.20
$100.40
O. H. Peterson.
It is conceded that…
2Cases cited4 opinions
- Minneapolis & St. Louis Railway v. Columbus Rolling MillSupreme Court of the United States · 1886
- Kileen v. KennedySupreme Court of Minnesota · 1903
- Ames & Frost Co. v. SmithSupreme Court of Minnesota · 1896
- Reid v. Northwestern Implement & Wagon Co.Supreme Court of Minnesota · 1900
3Cited by2 opinions
- Lewis v. JohnsonSupreme Court of Minnesota · 1913
- Johnson v. M. J. O'neil, Inc.Supreme Court of Minnesota · 1931