Periodical Press Co. v. Sherman-Elliott Co.
Supreme Court of Minnesota
Action in the district court for Hennepin county to recover $3,881.80 for breach of contract. The answer alleged that on or about April 3, 1917, plaintiff attempted to deliver to defendant a quantity of booklets but that it refused to receive any of said booklets or any part thereof.
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Action in the district court for Hennepin county to recover $3,881.80 for breach of contract. The answer alleged that on or about April 3, 1917, plaintiff attempted to deliver to defendant a quantity of booklets but that it refused to receive any of said booklets or any part thereof. The case was tried before Hale, J., who when plaintiff rested denied defendant’s motion to dismiss the action, and at the close of the testimony denied defendant’s motion for a directed verdict, and a jury which returned a verdict for $1,000. From an order denying its motion for judgment notwithstanding the…
1Opinion of the Court
Per Cueiam.
Action to recover damages for breach of a contract, under which plaintiff was to print and furnish 100,000 souvenir booklets for defendant. Plaintiff alleged that it furnished and delivered 5,000 and that defendant then repudiated the contract. Plaintiff had a verdict for $1,000 damages and defendant appeals from the order denying a new, trial.
The contract was a written order signed by an alleged agent for defendant. Lack of authority to give the order was the chief defense, and the bulk of the evidence is directed thereto. We are agreed that the record made this a proper question…
2Cases cited2 opinions
- United States v. BehanSupreme Court of the United States · 1884
- Swanson v. AndrusSupreme Court of Minnesota · 1901
3Cited by4 opinions
- Cardinal Consulting Co. v. Circo Resorts, Inc.Supreme Court of Minnesota · 1980
- Dick Weatherston's Associated Mechanical Services, Inc. v. Minnesota Mutual Life InsuranceSupreme Court of Minnesota · 1960
- Johnson v. WrightSupreme Court of Minnesota · 1928
- Davey v. SandersMichigan Supreme Court · 1931