Legal Opinion

Oxford v. Nichols & Shepherd Co.

Supreme Court of Minnesota

Decided May 8, 1894No. 8692PublishedCited by 7 opinions

Appeal by defendant, Nichols & Shepard Co., a corporation, from a judgment of the District Court of Nobles County, P. E. Brown, J., entered March 3, 1893. Exhibit D. Worthington, Minn., October 11, 1890. Nichols & Shepard Co., Battle Creek, Mich: Please ship ior the undersigned in care of Azom Forbes, Worthington, Minn, at once one of your improved No. 21 Steam Outfits consisting of No. 6 Separator and a ten horse wood and coal burning steam engine mounted on wheels, with…

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Appeal by defendant, Nichols & Shepard Co., a corporation, from a judgment of the District Court of Nobles County, P. E. Brown, J., entered March 3, 1893. Exhibit D. Worthington, Minn., October 11, 1890. Nichols & Shepard Co., Battle Creek, Mich: Please ship ior the undersigned in care of Azom Forbes, Worthington, Minn, at once one of your improved No. 21 Steam Outfits consisting of No. 6 Separator and a ten horse wood and coal burning steam engine mounted on wheels, with 150 feet rubber belt. The undersigned agrees to receive said machinery on its arrival subject to all the conditions of the…

1Opinion of the Court

Gtlfillan, G. J.

There was no evidence that would justify a finding of a .contract between the parties subsequent to the written contract. It could not be claimed that, with Exhibit D in force, *209there would be any basis for the action. All prior and contemporaneous negotiations and parol agreements on the matters covered by that contract were of course merged in it. Unless, therefore, the plaintiff claims that his signature to that contract was fraudulently obtained, his action must fail.

On that point we do not think there was evidence sufficient to make it a question for the jury. There is…

2Cases cited1 opinion

  1. McCall v. BushnellSupreme Court of Minnesota · 1889

3Cited by7 opinions

  1. Schmeisser v. AlbinsonSupreme Court of Minnesota · 1912
  2. Hansen v. Daniel Hayes Co.Supreme Court of Minnesota · 1922
  3. Jumiska v. AndrewsSupreme Court of Minnesota · 1902
  4. Dart v. Minnesota Loan & Trust Co.Supreme Court of Minnesota · 1898
  5. Giller v. First National BankSupreme Court of Minnesota · 1922

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