Brickner Woolen Mills Co. v. Kurstin
Supreme Court of Minnesota
Action in the municipal court of Minneapolis to recover $482.62 for goods sold and delivered. The case was tried before Baldwin, J., who when defendant rested denied plaintiffs motion to dismiss defendant’s counterclaim on the ground that there was no sufficient ground on which to base a counterclaim, made findings and ordered judgment for $1,000 in favor of defendant.
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Action in the municipal court of Minneapolis to recover $482.62 for goods sold and delivered. The case was tried before Baldwin, J., who when defendant rested denied plaintiffs motion to dismiss defendant’s counterclaim on the ground that there was no sufficient ground on which to base a counterclaim, made findings and ordered judgment for $1,000 in favor of defendant. From an order denying its motion for amended findings and conclusions or for a new trial, plaintiff appealed.
1Opinion of the CourtDibell, J.
This is an action to recover $1,717.65 for goods sold and delivered between December 7, 1916, and June 28, 1917, less $1,235.03 paid, leaving a balance of $482.62. The defendant counterclaimed for damages for a failure to deliver all the goods for which he contracted. The court found for the defendant on the counterclaim a sum sufficient to absorb the balance of $482.62, and $1,000 in addition, for which sum judgment was ordered against the plaintiff. The plaintiff appeals from the order denying its motion for a new trial.
1. In October, 1916, the plaintiff and the defendant entered into a *447cont…
2Cases cited1 opinion
- North Coast Lumber Co. v. Great Northern Lumber Co.Supreme Court of Minnesota · 1919