J. I. Case Threshing Machine Co. v. Fronk
Supreme Court of Minnesota
Action in the district court for Big Stone county to recover $544 damages for the breach of a contract of sale of certain threshing machinery. The case was tried before Flaherty, J., who at the.close of plaintiff’s testimonjr denied its motion to amend the complaint so as to set up a cause of action for damages sustained in consequence of the breach of contract, and granted defendant’s motion to dismiss the action.
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Action in the district court for Big Stone county to recover $544 damages for the breach of a contract of sale of certain threshing machinery. The case was tried before Flaherty, J., who at the.close of plaintiff’s testimonjr denied its motion to amend the complaint so as to set up a cause of action for damages sustained in consequence of the breach of contract, and granted defendant’s motion to dismiss the action. From an order denying a motion for a new trial, plaintiff appealed.
1Opinion of the CourtBrown, J.
The facts in this case are as follows: Plaintiff is a corporation engaged in the business of manufacturing and selling threshing machines. On July 27, 1906, defendant entered into a contract with it for the purchase of a complete threshing outfit, consisting of a separator, with the necessary appliances and attachments, and a twenty-five-horse power straw-burning engine. The contract was in the *40form of an order for the machinery, signed by defendant, and forwarded to and formally accepted by plaintiff. By the terms of the contract the machinery was to be shipped to defendant at Beardsley,…
2Cases cited8 opinions
- Smith v. NewellSupreme Court of Florida · 1896
- Condon v. KemperSupreme Court of Kansas · 1891
- Taylor v. Times Newspaper Co.Supreme Court of Minnesota · 1901
- Carter v. StromSupreme Court of Minnesota · 1889
- Ross v. LoescherMichigan Supreme Court · 1908
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3Cited by5 opinions
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