Wemple v. Knope
Supreme Court of Minnesota
This is an appeal by defendant from a judgment of the district court for Nice county. The nature of the action, and the points raised upon the appeal, are fully stated in the opinion of the court.
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This is an appeal by defendant from a judgment of the district court for Nice county. The nature of the action, and the points raised upon the appeal, are fully stated in the opinion of the court. I. —The motion to dismiss, the action should have been granted, inasmuch as the evidence of the plaintiff shows the agreement to have been for the sale of personal property, to an amount exceeding fifty dollars, and that there was no acceptance of any part of said property, nor any note or memorandum of a contract made in writing. Gen. Statutes, p. 334, sec. 7. The order is not a contract, nor the…
1Opinion of the CourtBerry, J.
By the Court. This is an action in the nature of assumpsit for goods sold and delivered. To make out his case plaintiff introduced in evidence a document of which the following is a copy, viz:
“Mr. O. P. Brand, of the Northwestern Paribault Nursery:
Please send me the following bill of nursery stock, to be delivered at Paribault, Bice county, Minn., during the months of October and November next. I agree to pay cash for all stock delivered at the price below mentioned, and should I fail to pay for the same when delivered interest shall accrue thereon from the date of delivery until fully paid,…
2Cases cited3 opinions
- Lanz v. McLaughlinSupreme Court of Minnesota · 1869
- Clarke v. TappinSupreme Court of Connecticut · 1864
- Morin v. MartzSupreme Court of Minnesota · 1868
3Cited by3 opinions
- Bailey v. LeishmanUtah Supreme Court · 1907
- Jordan v. WhiteSupreme Court of Minnesota · 1873
- Thompson v. TiltonNew Jersey Court of Chancery · 1881