Caldwell Milling & Elevator Co. v. L. L. May Co.
Supreme Court of Minnesota
Action in the district court for Ramsey county to recover $1,001.75 for onion seed sold and delivered. The facts are stated in the opinion. The case was tried before Michael, J., who made findings and ordered judgment in favor of 'plaintiff for $951.70. From an order denying its motion for a new trial, defendant appealed.
1Opinion of the CourtHallam, J.
1. Action to recover the agreed price of a quantity of onion seed. The defense, was breach of warranty. The court found for plaintiff. Defendant appeals. The sale was verbal. D. M. Hamilton, plaintiff’s *256traveling salesman, conducted the negotiation for plaintiff, and L. L. May, then president of defendant company, but since deceased, conducted the negotiation for defendant. Hamilton testified that the agreement was that the seed was sold by sample, subject to the right of defendant to test the sample before shipment, and that a true sample was furnished and tested and accepted. The defense…
2Cases cited5 opinions
- Redding v. GodwinSupreme Court of Minnesota · 1890
- In re Hess' EstateSupreme Court of Minnesota · 1894
- Peterson v. Merchants Elevator Co.Supreme Court of Minnesota · 1910
- Stair v. McNultySupreme Court of Minnesota · 1916
- McBride v. McBrideSupreme Court of Georgia · 1889
3Cited by6 opinions
- State Bank of Wheatland v. Bagley Bros.Wyoming Supreme Court · 1932
- Anderson v. Russell Miller Milling Co.Supreme Court of Minnesota · 1936
- Royall v. HollowayTexas Supreme Court · 1927
- Stapf v. WobbrockSupreme Court of Minnesota · 1927
- Sievers v. SieversSupreme Court of Minnesota · 1933
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