Sherman Nursery Co. v. Aughenbaugh
Supreme Court of Minnesota
Action in the district court for Waseca county to recover $300 for goods sold and delivered pursuant to a written contract. The case was tried before Buckham, J., who granted a motion to dismiss upon the conclusion of plaintiff’s testimony. From an order denying a motion for a new trial plaintiff appealed..
1Opinion of the CourtStart, C. J.
The complaint herein alleged that the plaintiff is a corporation organized under the laws of Iowa, and that on May 17, 1902, it sold to the defendant, at the agreed price of $300, payable when the goods were delivered, certain nursery stock, consisting of trees and shrubs, all to be delivered to him at the city of Waseca, this state, in the spring of 1903, pursuant to a written order therefor signed by the defendant *202and plaintiff’s agent; and, further, that it delivered such stock to the defendant at Waseca on May 4, 1903.
The answer alleges, with other matters, that on May 28, 1902, and…
2Cases cited3 opinions
- Gibbons v. BenteSupreme Court of Minnesota · 1892
- G. Heileman Brewing Co. v. PeimeislSupreme Court of Minnesota · 1901
- McCormick Harvesting Machine Co. v. BalfanySupreme Court of Minnesota · 1899
3Cited by6 opinions
- Butler Bros. Shoe Co. v. United States Rubber Co.Court of Appeals for the Eighth Circuit · 1907
- Dunlop v. MercerCourt of Appeals for the Eighth Circuit · 1907
- Gould Land & Cattle Co. v. Rocky Mountain Bell Telephone Co.Wyoming Supreme Court · 1909
- Kraft v. HoppeSupreme Court of Minnesota · 1922
- Louis F. Dow Co. v. BittnerSupreme Court of Minnesota · 1932
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