Upton Mill & Elevator Co. v. Baldwin Flour Mills
Supreme Court of Minnesota
Action in tbe district court for Hennepin county to recover $2,500 for breach of contract. The answer specifically denied that defendants, made or subscribed to any contract of sale with plaintiff or that any part of the goods, wares and merchandise alleged in the complaint had been delivered or accepted by plaintiff, or that any part of the alleged purchase price had ever been paid.
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Action in tbe district court for Hennepin county to recover $2,500 for breach of contract. The answer specifically denied that defendants, made or subscribed to any contract of sale with plaintiff or that any part of the goods, wares and merchandise alleged in the complaint had been delivered or accepted by plaintiff, or that any part of the alleged purchase price had ever been paid. The case was tried before Leary, J., who at the close of the testimony granted defendant’s motion for a directed verdict. From an order denying its motion for a new trial, plaintiff appealed.
1Opinion of the Court
Lees, C.
Action to recover damages for breach of an alleged contract of sale. At the conclusion of the evidence the court directed a verdict in defendant’s favor, and plaintiff appeals from an order denying its motion for a new trial.
Plaintiff is a dealer in Hour and feed in Minneapolis. Defendant operates certain flour mills in western Minnesota and maintains an office in Minneapolis. The complaint alleged that on December 20, 1918, a contract of sale was made, under which plaintiff purchased and defendant sold five carloads of flour and feed at a stipulated price, and that defendant had…
2Cases cited5 opinions
- Drury v. YoungCourt of Appeals of Maryland · 1882
- Wright v. Seattle Grocery Co.Washington Supreme Court · 1919
- Cram v. ThompsonSupreme Court of Minnesota · 1902
- O'Donnell v. Daily News Co.Supreme Court of Minnesota · 1912
- Olson v. NelsonSupreme Court of Minnesota · 1859
3Cited by11 opinions
- Franklin Sugar Refining Co. v. JohnSupreme Court of Pennsylvania · 1924
- Kaufmann v. AdalmanCourt of Appeals of Maryland · 1946
- Birdzell v. Utah Oil Refining Co.Utah Supreme Court · 1952
- Swift & Co. v. MeehanSupreme Court of Pennsylvania · 1925
- Kramer v. BrunsCourt of Appeals of Minnesota · 1986
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