Carter, Rice & Co. v. Cream of Wheat Co.
Supreme Court of Minnesota
Action in the district court for Hennepin county to recover the possession of certain personal property or its value. The cause was tried before Lancaster, J., without a jury, who found in plaintiff’s favor. From an order denying defendant’s motion for a new trial, or for a judgment in its favor notwithstanding the findings, defendant appealed. The milling company bought this press on this express representation and warranty, that it was the “latest series” Optimus.
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Action in the district court for Hennepin county to recover the possession of certain personal property or its value. The cause was tried before Lancaster, J., without a jury, who found in plaintiff’s favor. From an order denying defendant’s motion for a new trial, or for a judgment in its favor notwithstanding the findings, defendant appealed. The milling company bought this press on this express representation and warranty, that it was the “latest series” Optimus. There was a complete delivery of the press. The contract of sale was never repudiated by the North Dakota Milling Company, but…
1Opinion of the Court
COLLINS, .1.
Action in claim and delivery; the plaintiff being a Massachusetts corporation, with its office in Boston. It was the owner of a “Babcock Optimus” printing press; and in November, 1896, the North Dakota Milling Company, a corporation doing business at Grand Forks, North Dakota, opened a correspondence looking towards a purchase thereof. Letters and telegrams were exchanged, and on November 17 the milling company accepted a proposition made by plaintiff, and directed that the press be shipped at once to Grand Forks. According to the terms of the contract, as found in the…
2Cases cited5 opinions
- National Bank of Commerce v. Chicago, Burlington & Northern RailroadSupreme Court of Minnesota · 1890
- Fishback v. G. W. Van Dusen & Co.Supreme Court of Minnesota · 1885
- Baker v. TaylorSupreme Court of Minnesota · 1893
- Pond Machine Tool Co. v. RobinsonSupreme Court of Minnesota · 1888
- Bjork v. BeanSupreme Court of Minnesota · 1894
3Cited by6 opinions
- Gustafson v. Equitable Loan Assn.Supreme Court of Minnesota · 1932
- E. L. Welch Co. v. Lahart Elevator Co.Supreme Court of Minnesota · 1913
- Hoven v. LeedhamSupreme Court of Minnesota · 1922
- Dalrymple v. Randall, Gee & Mitchell Co.Supreme Court of Minnesota · 1919
- E. L. Welch Co. v. Lahart Elevator Co.Supreme Court of Minnesota · 1909
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