Roberts v. Mazeppa Mill Co.
Supreme Court of Minnesota
On June 7, 1882, plaintiff sold to defendant 3,000 bushels of wheat, 600 bushels at the agreed price of $1.40 per bushel and 2,4U0 bushels at $1.28 per bushel. Prior to August 7, 1882, plaintiff delivered 53040/60 bushels of the $1.28 wheat, and, on that day, defendant gave plaintiff notice that it would not receive any more wheat. Plaintiff offered to deliver four loads of wheat on August 8th, and defendant refused to receive them.
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On June 7, 1882, plaintiff sold to defendant 3,000 bushels of wheat, 600 bushels at the agreed price of $1.40 per bushel and 2,4U0 bushels at $1.28 per bushel. Prior to August 7, 1882, plaintiff delivered 53040/60 bushels of the $1.28 wheat, and, on that day, defendant gave plaintiff notice that it would not receive any more wheat. Plaintiff offered to deliver four loads of wheat on August 8th, and defendant refused to receive them. This action was brought in the district court for Wabasha county, to recover damages for the failure of defendant to perform its contract, and plaintiff had a…
1Opinion of the CourtMitchell, J.
This was an action to recover damages for an alleged breach of contract by defendant, in refusing to receive and pay for certain wheat sold to it by plaintiff, and to be delivered at its mill. The principal issue was as to the time within which the wheat was to be delivered, defendant claiming that plaintiff had failed to deliver it within the time required by the contract. The court instructed the jury as follows: “If you find that it was the agreement between the parties that the plaintiff should not make immediate delivery of the wheat, but was to do it to suit his convenience, unless the…
2Cases cited5 opinions
- Coates v. SangstonCourt of Appeals of Maryland · 1853
- Horton v. MaffittSupreme Court of Minnesota · 1869
- Cocker v. Franklin Hemp & Flax Manuf'g Co.U.S. Circuit Court for the District of Massachusetts · 1839
- Starkey v. City of MinneapolisSupreme Court of Minnesota · 1872
- McRoberts v. Southern Minnesota RailroadSupreme Court of Minnesota · 1871
3Cited by12 opinions
- George A. Hormel & Co. v. American Bonding Co.Supreme Court of Minnesota · 1910
- Lehigh Coal & Iron Co. v. ScallenSupreme Court of Minnesota · 1895
- Stone v. HarmonSupreme Court of Minnesota · 1884
- Stauff v. BingenheimerSupreme Court of Minnesota · 1905
- Fletcher v. German-American Insurance Co. of New YorkSupreme Court of Minnesota · 1900
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