Bisbee v. McAllen
Supreme Court of Minnesota
Plaintiffs, keepers of a general store at Madelia, in Watonwan county, brought this action in the district court for Blue Earth county on an account for goods sold and delivered between February 1,1884, and December 2,1885. The defendant pleaded, among other things, the defence of unsealed weights and measures stated in the opinion.
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Plaintiffs, keepers of a general store at Madelia, in Watonwan county, brought this action in the district court for Blue Earth county on an account for goods sold and delivered between February 1,1884, and December 2,1885. The defendant pleaded, among other things, the defence of unsealed weights and measures stated in the opinion. The reply alleged “that there are not and never have been provided by the county sealer of weights and measures, or by any person in said Watonwan county, wherein the plaintiffs all reside, and transact and carry on their business, and wherein all the goods and…
1Opinion of the CourtVanderburgh, J.
The question presented for consideration in this case is raised upon the sufficiency of the second defence set up in the answer, where it appears that the goods alleged to have, been sold to the defendant, and for the price of which this action is brought, were sold by weight and measurement, and that such weight and measurement were unlawfully ascertained and fixed by certain unsealed measures, scales, and weights, which had never been proved, tested, or sealed, as required by the statute. Under Gen. St. 1878, c. 21, § 1.1, a sale of goods, wares, and merchandise by any scale-beam,…
2Cases cited5 opinions
- Pratt v. . ShortNew York Court of Appeals · 1880
- Woods & Co. v. ArmstrongSupreme Court of Alabama · 1875
- Griffith v. WellsNew York Supreme Court · 1846
- First Division of the St. Paul & Pacific Rail Road v. ParcherSupreme Court of Minnesota · 1869
- Smith v. ArnoldMassachusetts Supreme Judicial Court · 1871
3Cited by11 opinions
- Armstead v. LounsberrySupreme Court of Minnesota · 1915
- Stone v. BevansSupreme Court of Minnesota · 1902
- G. Heileman Brewing Co. v. PeimeislSupreme Court of Minnesota · 1901
- Thomas Manufacturing Co. v. KnappSupreme Court of Minnesota · 1907
- Leuthold v. StickneySupreme Court of Minnesota · 1911
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