Sunset Orchard Land Co. v. Sherman Nursery Co.
Supreme Court of Minnesota
Action in the district court for Ramsey county to recover $1,000 for breach of contract. The facts are stated in the opinion. The case was tried before Nelly, J., who denied defendant’s request for an instructed verdict, and a jury which returned a verdict in favor of plaintiff for $1,020. From an order denying defendant’s motion for a new trial, defendant appealed.
1Opinion of the CourtBunn, J.
Plaintiff brought this action to recover from defendant damages for its breach of a written contract by the terms of which defendant, in settlement of differences between the parties, in the contract and hereafter referred to, agreed to deliver to plaintiff free of charge fruit trees to the value of $1,000. Defendant admitted its refusal to deliver the trees, but claimed that there was no consideration for the contract, and that it was executed on its behalf by an agent who had no authority to do so. The case was submitted to the jury on these issues, and a verdict of $1,020 for plaintiff was…
2Cases cited4 opinions
- Demars v. Musser-Sauntry Land, Logging & Manufacturing Co.Supreme Court of Minnesota · 1887
- Marion v. HeimbachSupreme Court of Minnesota · 1895
- Hall v. WheelerSupreme Court of Minnesota · 1887
- Hansen v. Gaar, Scott & Co.Supreme Court of Minnesota · 1895
3Cited by9 opinions
- Brecht v. HammonsArizona Supreme Court · 1929
- Kies v. SearlesSupreme Court of Minnesota · 1920
- Addison Miller, Inc. v. American Central InsuranceSupreme Court of Minnesota · 1933
- Peterson v. HegnaSupreme Court of Minnesota · 1924
- Cairns v. LewisSupreme Court of Minnesota · 1926
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