Marion v. Heimbach
Supreme Court of Minnesota
Appeal by defendant from a judgment of tlie municipal court of Duluth, entered in pursuance of findings and order by Winje, Special Judge, and also from an order denying a motion for a new trial.
1Opinion of the CourtStart, C. J.
Action on contract, for wages; judgment for plaintiff for $49.82 and interest; and from an order denying a motion for a new trial, and from the judgment, the defendant appeals.
Except as to one item, of $2.80, to which we apply the maxim “de minimis,” the only question in this case is whether the finding of the trial court, to the effect that the defendant’s plea of accord and satisfaction was not proved, is sustained by the evidence.
The law applicable to this case is well settled. The mere payment of a less sum than is due on a contract, in full satisfaction of the whole amount, will be no…
2Cases cited3 opinions
- Fuller v. . KempNew York Court of Appeals · 1893
- Duluth Chamber of Commerce v. KnowltonSupreme Court of Minnesota · 1889
- Sage v. ValentineSupreme Court of Minnesota · 1876
3Cited by22 opinions
- Tanner v. MerrillMichigan Supreme Court · 1895
- Cut Price Super Markets v. Kingpin Foods, Inc.Supreme Court of Minnesota · 1959
- Demeules v. Jewel Tea Co.Supreme Court of Minnesota · 1908
- Ness v. Minnesota & Colorado Co.Supreme Court of Minnesota · 1902
- Tupper v. Massachusetts Bonding & InsuranceSupreme Court of Minnesota · 1923
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