Keystone Manufacturing Co. v. Howe
Supreme Court of Minnesota
Action in the district court for Renville county by plaintiff, the manufacturer and vendor of a corn husker, to recover from defendant $138.13, commission received and retained by defendant as plaintiff’s agent upon the sale thereof, such sqle having subsequently been rescinded for breach of warranty. The case was tried before Powers, J., who directed a verdict in favor of plaintiff for the sum demanded. From an order denying a motion for a new trial, defendant appealed.
1Opinion of the CourtCollins, J.
By the terms of a contract between plaintiff, a corporation, and defendant, entered into in January, 1899, the defendant was appointed agent to sell corn huskers manufactured by plaintiff, and, as compensation, was to receive certain commissions upon such sales. It was also agreed that, in case any of the articles sold should be" returned by the purchasers to plaintiff, no commission should be allowed defendant on account of such sales; and, if commissions had been paid prior to a return of the articles, the amount was to be returned by defendant to plaintiff. In March of that year defendant…
2Cases cited1 opinion
- G. Heileman Brewing Co. v. PeimeislSupreme Court of Minnesota · 1901
3Cited by2 opinions
- Fidelity Trust Co. v. Washington-Oregon Corp.District Court, W.D. Washington · 1914
- Northern Counties Land Co. v. Excelsior Land, Mining & Development Co.Supreme Court of Minnesota · 1920