Sanborn v. Shipherd
Supreme Court of Minnesota
Appeal by defendant, Edward L. Shipherd, from a judgment of the Municipal Court of the City of Minneapolis, C. B. Elliott, J., rendered January 29, 1894. The plaintiff, Colby E. Sanborn, on August 3, 1890, bought of defendant Shipherd a horse, buggy and harness and agreed to pay $200 therefor. He paid $2.50 and was to pay the balance that day, and take the property. In the afternoon he went to Shipherd and asked for the property.
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Appeal by defendant, Edward L. Shipherd, from a judgment of the Municipal Court of the City of Minneapolis, C. B. Elliott, J., rendered January 29, 1894. The plaintiff, Colby E. Sanborn, on August 3, 1890, bought of defendant Shipherd a horse, buggy and harness and agreed to pay $200 therefor. He paid $2.50 and was to pay the balance that day, and take the property. In the afternoon he went to Shipherd and asked for the property. Shipherd told him he could not have it until he paid the balance of the purchase price. He then told Shipherd that he was garnished by Appleton Manufacturing…
1Opinion of the CourtMitchell, J.
This was an action to recover the possession of certain personal property alleged to have been wrongfully detained by defendant. The undisputed evidence is that the parties entered into a contract for the sale of the property by defendant to plaintiff for $200, of which the plaintiff paid $2.50 at the date of the contract, and was to pay the balance of $197.50 on the evening of the same day; that upon the return of plaintiff he demanded the delivery of the property without paying the $197.50, on the ground that in the meantime he had been garnished. The defendant offered to deliver the…
2Cited by6 opinions
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- Henderson v. E. Lauer & SonsCalifornia Court of Appeal · 1919
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