Hjorth v. Albert Lea Machinery Co.
Supreme Court of Minnesota
Action in the district court for Freeborn county to recover a balance of $966.51 for goods sold and delivered. The facts are stated at the beginning of the opinion. The case was tried before Catherwood, J., who made findings and ordered judgment in favor of defendant. From an order denying their motion for a new trial, plaintiffs appealed.
1Opinion of the CourtHallaM, J.
Plaintiff sued to recover $966.51, the price of merchandise sold and delivered. Defendant admitted the sale and the price but set up two counterclaims, one for damages for failure to deliver other merchandise which plaintiff contracted to sell, and the other for breach of warranty of quality of some of the merchandise delivered.
As to the first counterclaim: Plaintiff is a manufacturer of tools at JamestowjL, New York, and defendant is a jobber of tools at Albert Lea, Minnesota. From time to time during the year 1916 defendant ordered from plaintiff wrenches and pliers. Plaintiff accepted…
2Cases cited12 opinions
- McMaster v. . the State of New YorkNew York Court of Appeals · 1888
- Myer v. Wheeler & Co.Supreme Court of Iowa · 1884
- Bradley v. KingIllinois Supreme Court · 1867
- Robson v. BohnSupreme Court of Minnesota · 1880
- Redlands Orange Growers' Ass'n v. GormanSupreme Court of Missouri · 1901
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3Cited by5 opinions
- Inland Products Corp. v. Donovan Inc.Supreme Court of Minnesota · 1953
- Pietrus v. J. R. Watkins Co.Supreme Court of Minnesota · 1949
- Palmer v. Watson Construction Co.Supreme Court of Minnesota · 1963
- Clark v. Rochester Farmers Mutual Fire InsuranceSupreme Court of Minnesota · 1925
- North Coast Lumber Co. v. Great Northern Lumber Co.Supreme Court of Minnesota · 1919