Morin v. Martz
Supreme Court of Minnesota
This action was brought in the Court of Common Pleas of Bamsey county, to recover damages for the non-performance of a'contract for the sale and delivery of wheat. Issue was joined, and the cause tried before the Court, without a jury, who found for the plaintiff, and judgment was entered in his favor. Prom this judgment defendant appeals to this Court.
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This action was brought in the Court of Common Pleas of Bamsey county, to recover damages for the non-performance of a'contract for the sale and delivery of wheat. Issue was joined, and the cause tried before the Court, without a jury, who found for the plaintiff, and judgment was entered in his favor. Prom this judgment defendant appeals to this Court. As the only question discussed in this Court was, whether the contract was within the “ statute of frauds ”, and .the contract is set out, at length, in the opinion, no further statement is necessary.
1Opinion of the Court
By the Coivrt
Berry, J.—
“ Saint Paul, April 21, 1866.
We the undersigned parties, have sold this day to Mr. H. Morin, of St. Paul, four thousand (4000) bushels of No. 1 wheat, at one dollar and ten cents per bushel, ($1 10), to be *192delivered and shipped on board of boat at Strait Landing, (2000) two thousand bushels to be shipped on or before the fifteenth (15th) day of March, 1866, and the balance to be shipped during the balance of said month.
■ (Signed) Frank Martz.
Michael Simmer.”
This action is brought to recover damages for a failure to deliver and ship the wheat mentioned in the foregoing…
2Cases cited1 opinion
- Davis v. ShieldsNew York Supreme Court · 1841
3Cited by6 opinions
- Crutchfield v. DonathonTexas Supreme Court · 1878
- Merritt v. Adams County Land & Investment Co.North Dakota Supreme Court · 1915
- Banks v. Chas. P. Harris Manuf'g Co.United States Circuit Court · 1884
- Lane v. LenfestSupreme Court of Minnesota · 1889
- Wemple v. KnopeSupreme Court of Minnesota · 1870
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