Talboys v. Boston
Supreme Court of Minnesota
Action brought in justice’s court in Ramsey county, to recover $33 for coal sold and delivered. Defendants had judgment, and plaintiffs appealed, on questions of law and fact, to the municipal court of St. Paul, where the action was tried by the court without a jury, and the plaintiffs had judgment for $35.12 damages and $25.45 costs, — in all $60.57, from which judgment the defendants appeal.
1Opinion of the CourtDickinson, J.
The following is a brief statement of the facts as found by the court: The plaintiffs, being engaged in the business of selling coal and wood, employed one Cutts as their agent to solicit orders for fuel on commission. He secured an order from the defendants for four tons of coal, with the agreement that the price should be applied on an indebtedness of Cutts to the defendants. The defendants did not then know of Cutts’s agency, but supposed that he was dealing on his own account. The plaintiffs had no knowledge of the agreement made by Cutts as to the manner of payment. Subsequently the…
2Cases cited4 opinions
- Wright v. . CabotNew York Court of Appeals · 1882
- Kornemann v. MonaghanMichigan Supreme Court · 1871
- Janney v. BoydSupreme Court of Minnesota · 1883
- Wood v. HubbardSupreme Court of Vermont · 1877
3Cited by2 opinions
- Stewart v. CowlesSupreme Court of Minnesota · 1897
- Defender Auto-Lock Co. v. W. H. Schmelzel Co.Supreme Court of Minnesota · 1923