Simpson v. Krumdick
Supreme Court of Minnesota
Appeal by defendant from an order of the district court for Winona county, Mitchell, J., presiding, refusing a new trial. The case is stated in the opinion. The court erred in charging the jury that an acceptance, to take a-, contract out of the statute of frauds, need not be an acceptance of the property as being satisfactory in quantity or quality and such as-to preclude the buyer from questioning them.
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Appeal by defendant from an order of the district court for Winona county, Mitchell, J., presiding, refusing a new trial. The case is stated in the opinion. The court erred in charging the jury that an acceptance, to take a-, contract out of the statute of frauds, need not be an acceptance of the property as being satisfactory in quantity or quality and such as-to preclude the buyer from questioning them. Blackburn on Sales, 23; Benjamin on Sales, 111; 3 Parsons on Contracts, 45; Shindler V. Houston, 1 N. Y. 261; Stone v. Browning, 51 N. Y. 211; Reed v.. Randall, 29 N. Y. 358; Dutchess…
1Opinion of the Court
Gilfillan, C. J.*
Action to recover the price of about 1,100 bushels of wheat, at $1.04 per bushel, which plaintiff- claimed to have sold to defendant. The agreement for the sale was oral, no part of the purchase-money was paid, and the. principal question on the trial was whether there was a sufficient acceptance and receipt by defendant of the wheat, or any part thereof, to make the agreement valid under the statute of frauds. The wheat lay in three piles in the plaintiff’s warehouse. The agreement was made at that place, and after some examination by defendant. The evidence of the plaintiff…
2Cases cited1 opinion
- Cross v. . O'DonnellNew York Court of Appeals · 1871
3Cited by7 opinions
- Powder River Live Stock Co. v. LambNebraska Supreme Court · 1893
- Fontaine v. BushSupreme Court of Minnesota · 1889
- Taylor v. MuellerSupreme Court of Minnesota · 1883
- Chicago, R. I. & P. Ry. Co. v. LinneyCourt of Appeals for the Eighth Circuit · 1893
- St. Louis, I. M. & S. Ry. Co. v. NeedhamCourt of Appeals for the Eighth Circuit · 1895
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