Isaacs v. Wishnick
Supreme Court of Minnesota
Action in the municipal court of Mankato to recover a balance of $79.05 due upon a sale of merchandise and junk. The defense set up in the answer is stated in the first paragraph of the opinion. The case was tried before Plymat, J., who made findings and ordered judgment in favor of plaintiff for the amount demanded. Defendant’s motion to amend the findings and conclusions or for a new trial was denied.
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Action in the municipal court of Mankato to recover a balance of $79.05 due upon a sale of merchandise and junk. The defense set up in the answer is stated in the first paragraph of the opinion. The case was tried before Plymat, J., who made findings and ordered judgment in favor of plaintiff for the amount demanded. Defendant’s motion to amend the findings and conclusions or for a new trial was denied. From the judgment entered pursuant to the order for judgment, defendant appealed.
1Opinion of the CourtHallam, J.
The parties entered into a contract by which plaintiff agreed to sell to defendant a quantity of pipe, old iron, rope and rags. A certain amount was delivered and payments were made. Plaintiff brought this action to recover an alleged balance of $79.05. Defendant claimed that not all of the articles charged for were delivered, that plaintiff also agreed to sell a quantity of zinc, none of which was delivered, and that defendant suffered damage in excess of the amount of plaintiff’s claim. Defendant also claimed that the parties had an account stated and that he paid the amount agreed upon,…
2Cases cited7 opinions
- Demars v. Musser-Sauntry Land, Logging & Manufacturing Co.Supreme Court of Minnesota · 1887
- Duluth Chamber of Commerce v. KnowltonSupreme Court of Minnesota · 1889
- Demeules v. Jewel Tea Co.Supreme Court of Minnesota · 1908
- Ness v. Minnesota & Colorado Co.Supreme Court of Minnesota · 1902
- Western Newspaper Union v. Segerstrom Piano Manufacturing Co.Supreme Court of Minnesota · 1912
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Meagher v. KavliSupreme Court of Minnesota · 1958
- Cut Price Super Markets v. Kingpin Foods, Inc.Supreme Court of Minnesota · 1959
- In re the Estate of SidmanNew York Surrogate's Court · 1935
- Segerstrom v. Holland Piano Manufacturing Co.Supreme Court of Minnesota · 1924
- C. W. La Moure Co. v. Cuyuna-Mille Lacs Iron Co.Supreme Court of Minnesota · 1920
4 more not listed; retrieve them via the Exa API.