Taylor v. Mueller
Supreme Court of Minnesota
Appeal by plaintiff from an order of the district court for Hennepin county, Young, J., presiding, refusing a new trial. The action was brought by plaintiff to recover the purchase price of barley alleged to have been sold and delivered to defendants.
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Appeal by plaintiff from an order of the district court for Hennepin county, Young, J., presiding, refusing a new trial. The action was brought by plaintiff to recover the purchase price of barley alleged to have been sold and delivered to defendants. The case is stated in the opinion. that the facts of this ease show an unqualified receipt and acceptance, cited Phillips v. Ocmulgee Mills, 55 G-a. 633; Denny v .Williams, 5 Allen, 1; Howards .Borden, 13 Allen, 299; Townsend v. Hargraves, 118 Mass. 325; Remick v. Sandford, 120 Mass. 309, 316; Broivnlee v. Bolton, 44 Mich. 218; Knoblauch v.…
1Opinion of the CourtVanderburgh, J.
In May, 1881, the parties entered into a verbal agreement of sale by sample of two car-loads of barley, which plaintiff undertook to sell and deliver to defendants. The grain had been previously consigned to plaintiff, and was in cars at the time, and was deposited by him in an elevator in his own name and on his own account. The parties all resided in the city of Minneapolis, and the defendants, who were brewers, were in the habit of purchasing and receiving large quantities of barley from the plaintiff on the railway track upon Second street, in the city, near their brewery, whence they…
2Cases cited11 opinions
- Walls v. . BaileyNew York Court of Appeals · 1872
- Caulkins v. . HellmanNew York Court of Appeals · 1872
- Stone v. . BrowningNew York Court of Appeals · 1877
- Fleming v. HollenbackNew York Supreme Court · 1849
- Allard v. . GreasertNew York Court of Appeals · 1874
6 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Fontaine v. BushSupreme Court of Minnesota · 1889
- Wherry v. Duluth, Missabe & Northern Railway Co.Supreme Court of Minnesota · 1896
- Dinnie v. JohnsonNorth Dakota Supreme Court · 1898
- Stephenson v. NorrisWisconsin Supreme Court · 1906
- Flatt v. D. M. Osborne & Co.Supreme Court of Minnesota · 1885
7 more not listed; retrieve them via the Exa API.