Hoover v. Maher
Supreme Court of Minnesota
Appeal by plaintiffs, Abel Hoover and William Gamble, partners as Hoover & Gamble, from an order of the District Court of Big Stone County, G. L. Brown, J., made March 19, 1892, refusing a new trial. This action was brought to recover of defendant, John Maher, the sum of $560 for binder twine alleged to have been sold and delivered to him July 10, 1890, at the warehouse of the Security Warehouse Company, in Minneapolis.
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Appeal by plaintiffs, Abel Hoover and William Gamble, partners as Hoover & Gamble, from an order of the District Court of Big Stone County, G. L. Brown, J., made March 19, 1892, refusing a new trial. This action was brought to recover of defendant, John Maher, the sum of $560 for binder twine alleged to have been sold and delivered to him July 10, 1890, at the warehouse of the Security Warehouse Company, in Minneapolis. The case was tried on an agreed statement of the facts, and decision rendered for defendant. From an .order denying their motion for a new trial, plaintiffs appeal. The…
1Opinion of the CourtGtileillan, C. J.
Action to recover for goods sold. The only question is, was there an executed, or only an executory, contract of sale? The plaintiff’s place of business was Miamisburg, Ohio; the defendant’s Beardsley, Minn. June 25, 1890, the defendant telegraphed plaintiffs: “I will take 4,000 lb. of your standard twine, at 13J, at Minneapolis, but don’t want it shipped till about July 15th.” June 28th plaintiffs wrote defendant: “Tours of 25th to hand. We are loading car to-day for Minneapolis, and will put in for you 4,000 lb. of our standard twine at 13¿- c. frt., from Minneapolis. The car will arive at…
2Cases cited2 opinions
- Jones v. SchneiderSupreme Court of Minnesota · 1875
- Knutson v. DaviesSupreme Court of Minnesota · 1892
3Cited by7 opinions
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- Watson v. PatrickCourt of Appeals of Texas · 1915
- Ohio Confection Co. v. Eimon Mercantile Co.Supreme Court of Minnesota · 1923
- Banik v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1920
- Lieb Packing Co. v. TrockeSupreme Court of Minnesota · 1917
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