Legal Opinion

Van Dusen-Harrington Co. v. Jungeblut

Supreme Court of Minnesota

Decided January 20, 1899No. Nos. 11,879—(231)PublishedCited by 7 opinions

Action in the district court for Hennepin county to recover $250. The cause was transferred to the district court for Ramsey county and was tried before O. B. Lewis, J., and a jury.

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Action in the district court for Hennepin county to recover $250. The cause was transferred to the district court for Ramsey county and was tried before O. B. Lewis, J., and a jury. At the trial there was evidence tending to show that the wheat bought for defendant was sold by plaintiff to GL W. Van Dusen & Company, a corporation for which plaintiff acted as broker, the transaction consisting in the representative of plaintiff going upon the floor of the Chamber of Commerce and as agent of defendant selling, while as agent of Gr. W. Van Dusen & Company, he bought, the wheat. The other facts…

1Opinion of the CourtCanty, J.

The plaintiff corporation is a member of the Chamber of Commerce of Minneapolis. On January 11,1897, plaintiff received from defendant the following letter:

“You will please purchase for me 5,000 bushels No. 1 May wheat at 78 cents, and advise. Yours truly, N. Jungeblut.”

*301Plaintiff executed the order the next day on the open board of the chamber, notified defendant at his place of business in St. Paul to that effect, and requested him to send check for $250. He sent the check the same day, — January 12, — stating:

“Enclosed $250, option on 5,000 bushels May wheat.”

On January 28 defendant wrote…

2Cases cited3 opinions

  1. Irwin v. WilliarSupreme Court of the United States · 1884
  2. Dodge v. McMahanSupreme Court of Minnesota · 1895
  3. Baxter v. ShermanSupreme Court of Minnesota · 1898

3Cited by7 opinions

  1. Loud v. St. Louis Union Trust Co.Supreme Court of Missouri · 1926
  2. Wann v. ScullinSupreme Court of Missouri · 1908
  3. Fraser v. Farmers Co-Operative Co.Supreme Court of Minnesota · 1926
  4. Andrus v. Dyckman Hotel Co.Supreme Court of Minnesota · 1914
  5. Banner Grain Co. v. Burr Farmers Elevator & Supply Co.Supreme Court of Minnesota · 1925

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