Krause v. Union Match Co.
Supreme Court of Minnesota
Action in the district court for St. Louis county to recover for breach of contract. The answer alleged that there was no note or memorandum of the alleged contract signed by either party or ratified by defendant, and that plaintiff did not at the time accept or receive any part of the goods; that by the terms of the unsigned order mentioned in the opinion the defendant had no right to deliver the matches until notified so to do by plaintiff and therefore said alleged…
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Action in the district court for St. Louis county to recover for breach of contract. The answer alleged that there was no note or memorandum of the alleged contract signed by either party or ratified by defendant, and that plaintiff did not at the time accept or receive any part of the goods; that by the terms of the unsigned order mentioned in the opinion the defendant had no right to deliver the matches until notified so to do by plaintiff and therefore said alleged contract was unforceable by defendant, was without consideration, unilateral and void; that it was plaintiff’s duty to notify…
1Opinion of the Court
Lises, C.
This action was brought to recover damages for breach of a contract of sale. Defendant had a verdict and plaintiff appeals from an order denying Ms motion for a new trial.
Plaintiff was the proprietor of a department store and jobber of house furnishings at Cleveland, Ohio, and defendant a manufacturer of matches at Duluth, Minnesota.
On October 14, 1914, an unsigned memorandum of the terms of the contract was made and delivered to plaintiff. It recites that 1,500 cases of Bed Seal matches, at one dollar per case, with a 15 per cent discount and 10 per cent free goods, are to be…
2Cases cited7 opinions
- George A. Hormel & Co. v. American Bonding Co.Supreme Court of Minnesota · 1910
- Horton v. MaffittSupreme Court of Minnesota · 1869
- Sanborn v. BenedictIllinois Supreme Court · 1875
- Brunner v. Mobile-Gulfport Lumber Co.Supreme Court of Alabama · 1914
- Roberts v. Mazeppa Mill Co.Supreme Court of Minnesota · 1883
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Davis v. GodartSupreme Court of Minnesota · 1920
- Walley v. SweetSupreme Court of Minnesota · 1945
- Evenson v. AamodtSupreme Court of Minnesota · 1922