Potsdamer v. Kruse
Supreme Court of Minnesota
Appeal by defendants, Henry Kruse, Gottfried Kruse and Louis Kruse, from an order of the District Court of Blue Earth County, M. J. Severance, J., made August 31, 1893, denying their motion for a new trial. Action by David T. Potsdamer, Simeon M. Lyon and William K. Myer, copartners, to recover $86.35 balance due for merchandise sold. The case is stated in the opinion.
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Appeal by defendants, Henry Kruse, Gottfried Kruse and Louis Kruse, from an order of the District Court of Blue Earth County, M. J. Severance, J., made August 31, 1893, denying their motion for a new trial. Action by David T. Potsdamer, Simeon M. Lyon and William K. Myer, copartners, to recover $86.35 balance due for merchandise sold. The case is stated in the opinion. By direction of the Judge the jury returned a verdict for the plaintiffs for the amount claimed with interest. The defendants moved for a new trial but were denied and they appeal. The contract of sale herein was not entire,…
1Opinion of the CourtMitchell, J.
The defendants, retail merchants in Mankato, ordered from plaintiffs, manufacturers and jobbers in New York City, various numbers of some nine or ten different kinds or styles of neckties, amounting in all to thirty three dozen. The quantity, description, and price of each style were separately specified in the order. The goods were to be according to samples of each style exhibited by plaintiffs when the order was given. The goods were all shipped from New York in the same box, but each style in a separate parcel. When the goods were received in Mankato, the defendants immediately examined…
2Cases cited2 opinions
- Norris v. HarrisCalifornia Supreme Court · 1860
- McGrath v. CannonSupreme Court of Minnesota · 1893
3Cited by8 opinions
- Mulcahy v. DieudonneSupreme Court of Minnesota · 1908
- Sterling v. GregoryCalifornia Supreme Court · 1906
- E. Edelman & Co. v. Queen Stove Works, Inc.Supreme Court of Minnesota · 1939
- Schiller v. Blyth & Fargo Co.Wyoming Supreme Court · 1907
- Willhelm Lubrication Co. v. BrattrudSupreme Court of Minnesota · 1936
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