Dreyer Commission Co. v. Fruen Cereal Co.
Supreme Court of Minnesota
Action in the district court for Hennepin county to recover $438.02 for loss of profits and demurrage charge on a shipment of hominy feed. The answer was a general denial. The case was tried before Montgomery, J., who made findings and ordered judgment in favor of plaintiff for the amount 'demanded. From an order denying its motion for a new trial, defendant appealed.
1Opinion of the CourtHarlam, J.
1. Plaintiff was a dealer in flour, grain and feed in Saint Louis. De~ fendant was engaged in manufacturing and jobbing the same products in Minneapolis. In November, 1918, plaintiff purchased from defendant, five cars of hominy feed to be shipped to Saint Louis, freight prepaid, with draft attached to the bill of lading. Shipping instructions were “ship to us at Saint Louis, any line.” Controversy arises over two of these cars. Plaintiff claimed that defendant, in violation of shipping instructions, caused these cars to be shipped from Le Mars, Iowa, and to be billed to the “Plymouth Milling…
2Cases cited9 opinions
- Booth v. . Spuyten Duyvil Rolling Mill Co.New York Court of Appeals · 1875
- Paine v. SherwoodSupreme Court of Minnesota · 1875
- Cockburn v. Ashland Lumber Co.Wisconsin Supreme Court · 1882
- Wilmoth v. HamiltonCourt of Appeals for the Third Circuit · 1904
- Alger-Fowler Co. v. TracySupreme Court of Minnesota · 1906
4 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Appliances, Inc. v. Queen Stove Works, Inc.Supreme Court of Minnesota · 1949
- Glaubitz v. MeyerSupreme Court of Minnesota · 1921