Fontaine v. Bush
Supreme Court of Minnesota
Appeal by plaintiff from an order of the municipal court of Minneapolis, refusing a new trial.
1Opinion of the CourtDickinson, J.
This action is for the recovery of the price (more than $50) of a large quantity of potatoes, alleged to have been sold by the plaintiffs to the defendants at an agreed price. The answer denied the sale. The court, trying the cause without a jury, found *142in favor of the defendants, upon the ground that the case was within the statute of frauds.
The mere oral agreement was void, under the statute, and the denial of the sale in the answer was sufficient to enable the defendants to avail themselves of that defence. Tatge v. Tatge, 34 Minn. 272, (25 N. W. Rep. 596, and 26 N. W. Rep. 121.) The case…
2Cases cited12 opinions
- Berkey v. JuddSupreme Court of Minnesota · 1875
- Caulkins v. . HellmanNew York Court of Appeals · 1872
- Cooke v. . MillardNew York Court of Appeals · 1875
- Rodgers v. . PhillipsNew York Court of Appeals · 1869
- Tatge v. TatgeSupreme Court of Minnesota · 1885
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3Cited by13 opinions
- Elliott v. HowisonSupreme Court of Alabama · 1906
- Powder River Live Stock Co. v. LambNebraska Supreme Court · 1893
- Render v. LillardSupreme Court of Oklahoma · 1916
- Henslin v. WingenSupreme Court of Minnesota · 1938
- Iverson v. CirkelSupreme Court of Minnesota · 1894
8 more not listed; retrieve them via the Exa API.