Lee v. Bangs
Supreme Court of Minnesota
Plaintiff (doing business under the name of the Sole-Leather Over Manufacturing Co.) brought this action in the district court for Norman county, to recover the price ($162.25) of 96 pairs of “overs,” sold and delivered to defendant between June 27 and November 15, 1888. The defendant in his answer alleged that the goods were ordered May 25, 1888, and were to be shipped to him in the fall of IS88, when needed; that at the time of the order it was agreed that in case of a…
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Plaintiff (doing business under the name of the Sole-Leather Over Manufacturing Co.) brought this action in the district court for Norman county, to recover the price ($162.25) of 96 pairs of “overs,” sold and delivered to defendant between June 27 and November 15, 1888. The defendant in his answer alleged that the goods were ordered May 25, 1888, and were to be shipped to him in the fall of IS88, when needed; that at the time of the order it was agreed that in case of a failure of the wheat crop in Norman county, or among his customers in that county, and if in consequence he could not use…
1Opinion of the CourtGilfillan, C. J.
The order of the court below for judgment on the pleadings in favor of the plaintiff (allowing defendant the part-payment set up by him) was right. The matters set up in the answer constituted no defence. The answer admits that defendant ordered the goods that were sent to him, and the price of them, but alleges that he gave the order in May for the delivery of the goods in the fall, and that it was agreed that upon a certain contingency be might countermand or cancel the order in part; that the goods were sent to him June 27th ; and that August 16th he gave plaintiff notice *25that he would…
2Cited by5 opinions
- Rosenthal v. RamboIndiana Supreme Court · 1905
- Rosenfield v. SwensonSupreme Court of Minnesota · 1891
- Potter v. LeeMichigan Supreme Court · 1892
- St. Anthony & Dakota Elevator Co. v. Princeton Roller Mill Co.Supreme Court of Minnesota · 1908
- Leigh v. CorneliusCourt of Appeals of Georgia · 1941