McLoone v. Brusch
Supreme Court of Minnesota
Action in the district court for Waseca county to recover $145.75, the balance due upon the price of a corn husker, and freight thereon from the factory to Waseca.
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Action in the district court for Waseca county to recover $145.75, the balance due upon the price of a corn husker, and freight thereon from the factory to Waseca. At the trial, the parties stipulated in open court that, if oral testimony was admissible to establish the allegations of the answer relative to terms of purchase not set forth in the written order set out in the opinion, then the defendant waste have a verdict directed in his favor ; if not, then the plaintiffs were-to have a verdict directed in their favor for the amount demanded.. The trial court, Childress, J., held such…
1Opinion of the CourtBrown, J.
Action to recover the purchase price of a corn shredder, in which defendant had a verdict, and plaintiff appealed from an order denying a new trial.
The action was founded upon an instrument in the following language, namely: '
“Waseca, Minn. Oct. 14, 1910.
“The undersigned orders of McLoone, Priebe & Company of Waseca: One two-roll Adams Corn Shredder, complete with cutter head, for the sum of one hundred sixty dollars ($160.00), terms thirty (30) days, this shredder to be f. o. b. factory.
“Charles J. H. Brusch.”
Defendant interposed in defense an oral warranty of the soundness; of the shredder,…
2Cases cited8 opinions
- Locke v. First Div. of the St. Paul & Pacific RailroadSupreme Court of Minnesota · 1870
- Phoenix Publishing Co. v. Riverside Clothing Co.Supreme Court of Minnesota · 1893
- Kessler v. SmithSupreme Court of Minnesota · 1890
- American Manufacturing Co. v. KlarquistSupreme Court of Minnesota · 1891
- Potter v. EastonSupreme Court of Minnesota · 1901
3 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- W. W. Kimball Co. v. MasseySupreme Court of Minnesota · 1914
- Bjornstad v. Northern States Power Co.Supreme Court of Minnesota · 1935
- French v. YaleSupreme Court of Minnesota · 1913
- S. F. Bowser & Co. v. FountainSupreme Court of Minnesota · 1915
- Hedge v. Pennsylvania RailroadSupreme Court of New Jersey · 1926
1 more not listed; retrieve them via the Exa API.