Hewson-Herzog Supply Co. v. Minnesota Brick Co.
Supreme Court of Minnesota
Appeal by plaintiff, Hewson-Herzog Supply Co., a corporation, from an order of the District Court of Eamsey County, Chas. E. Otis, J., made March 14, 1893, granting a new trial.
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Appeal by plaintiff, Hewson-Herzog Supply Co., a corporation, from an order of the District Court of Eamsey County, Chas. E. Otis, J., made March 14, 1893, granting a new trial. The defendant, the Minnesota Brick Company, a corporation, made a contract with plaintiff April 1, 1890, to manufacture during the season and deliver to plaintiff on board cars at Wheeler, Wis., 3,000,000 good merchantable pressed brick and as many more as it could make that season up to 6,000,000, for which plaintiff was to pay $13.50 per thousand. If freight from Wheeler to St. Paul should be more than $2.50 per…
1Opinion of the CourtBuck, J.
This action was brought to recover damages on account- of defendant’s failure to manufacture and deliver brick to the plaintiff according to the conditions of a written contract made between the parties, and dated April 1, 1890. Upon the trial the court below directed the jury to find a verdict in favor of the plaintiff for the sum of $26,415. Subsequently, on defendant’s motion, the court granted a new trial, upon the ground that the evidence as to damages was insufficient, and from this order the plaintiff appeals.
The contract provides that the defendant shall manufacture and sell to the…
2Cases cited1 opinion
- Grand Tower Co. v. PhillipsSupreme Court of the United States · 1874
3Cited by9 opinions
- Crowley v. Burns Boiler & Manufacturing Co.Supreme Court of Minnesota · 1907
- Baessetti v. Shenango Furnace Co.Supreme Court of Minnesota · 1913
- Guthrie v. HagenSupreme Court of Minnesota · 1925
- Hydraulic-Press Brick Co. v. Haynes Bread Co.Supreme Court of Minnesota · 1915
- Poppen v. WadleighSupreme Court of Minnesota · 1952
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