Bergmeier v. Eisenmenger
Supreme Court of Minnesota
Appeal by plaintiffs, F. W. Bergmeier and Robert Willius, from an order of the District Court of Ramsey County, J. J. Egan, J., made March 22, 1894, sustaining a demurrer to their complaint.
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Appeal by plaintiffs, F. W. Bergmeier and Robert Willius, from an order of the District Court of Ramsey County, J. J. Egan, J., made March 22, 1894, sustaining a demurrer to their complaint. The complaint states that on June 30, 1890, the defendant L. A. Eisenmenger entered into a contract with plaintiffs, by which he agreed to canvass for and sell within a year in Hennepin County 1,900 copies of a work called “Stanley’s Darkest Africa,” in two volumes, at $7.50 or higher per copy according to binding. He was to have for his services one third of the gross amount of sales. The other…
1Opinion of the CourtGilfillan, C. J.
The complaint is defective in two particulars:
First. It does not show any contract between the parties. What it calls a “contract” (Exhibit A) was a letter from defendant to plaintiffs, setting forth evidently all the terms proposed for a contract between the parties. It contained this clause, “I understand that this acceptance by me, when confirmed by a certificate of agency ■signed by you, constitutes an agreement of agency between us for the sale by subscription of the above-named work in said territory, and that the terms and limits of such agency are as hereinafter stated.” The complaint…
2Cases cited1 opinion
- Edwards v. Hardwood Manufacturing Co.Supreme Court of Minnesota · 1894
3Cited by3 opinions
- Marquette Trust Co. v. DoyleSupreme Court of Minnesota · 1929
- MacVicar v. Western Asphalt Paving Corp.Supreme Court of Iowa · 1926
- Edwards v. Hardwood Manufacturing Co.Supreme Court of Minnesota · 1894