Lieb Packing Co. v. Trocke
Supreme Court of Minnesota
Action in justice court to recover a balance of $19.80 for goods, wares and merchandise sold. From the judgment of the justice in favor of plaintiff, defendant appealed to the municipal court of St. Paul, where the appeal was heard before Finéhout, J., who made findings and ordered judgment in favor of plaintiff for the amount demanded. From an order denying his motion for a new trial, defendant appealed.
1Opinion of the CourtHallam, J.
Plaintiff is an oyster packer at Baltimore. Defendant is a restaurant keeper in St. Paul. In 1914, defendant wrote plaintiff: “Ship to Trocke Cafe, at St. Paul, Minn. At Once, Trial Order.”
On October 27 defendant wrote plaintiff: “Please ship us one 5 gal. can of Extra Sel. to arrive Monday and one 5 gal. can Thursday each week.”
Pursuant to this order plaintiff made shipments by express from time to time and defendant made payments generally on account from time to time. A dispute arose as to the number of shipments made. Plaintiff claimed it had made shipments to the total of $364.15.…
2Cases cited9 opinions
- The Patapsco Insurance Company v. SouthgateSupreme Court of the United States · 1831
- Kessler v. SmithSupreme Court of Minnesota · 1890
- Brigham v. HibbardOregon Supreme Court · 1896
- Kelsea v. Ramsey & Gore Manufacturing Co.Supreme Court of New Jersey · 1893
- Janney v. SleeperSupreme Court of Minnesota · 1883
4 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Banik v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1920
- W. T. Rawleigh Co. v. HoffmanSupreme Court of Minnesota · 1925
- Bundy v. MeyerSupreme Court of Minnesota · 1921
- Lowry Coffee Co. v. Andresen-Ryan Coffee Co.Supreme Court of Minnesota · 1922
- Western Hat & Manufacturing Co. v. Berkner Bros.Supreme Court of Minnesota · 1927
1 more not listed; retrieve them via the Exa API.