S. F. Bowser & Co. v. Fountain
Supreme Court of Minnesota
Action in the district court for Clay county to recover $162 for goods sold and delivered. The case was tried before Nye, J., and a jury which returned a verdict in favor of defendants. From an order denying plaintiff’s motion for judgment notwithstanding the verdict or for a new trial, it appealed.
1Opinion of the CourtHallam, J.
Plaintiff is located at Port Wayne, Indiana. Defendants deal in automobile supplies at Hawley, Minnesota. On May 30, 1912, plaintiff’s traveling salesman called upon defendants at Hawley and took their written order for a gasolene storage outfit. The order was, by its terms, subject to acceptance at Port Wayne, Indiana. No time was specified in the writing either for its acceptance or for the shipment of the goods. Defendants’ evidence is to the effect that the order was never accepted, save that shipment of the goods was made and invoices mailed to defendants June 28. The goods arrived at…
2Cases cited13 opinions
- Westman v. KrumweideSupreme Court of Minnesota · 1883
- Liljengren Furniture & Lumber Co. v. MeadSupreme Court of Minnesota · 1890
- Wheaton Roller-Mill Co. v. John T. Noye Manufacturing Co.Supreme Court of Minnesota · 1896
- Merchants' Exchange Bank v. LuckowSupreme Court of Minnesota · 1887
- Samuel H. Chute Co. v. LattaSupreme Court of Minnesota · 1913
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3Cited by6 opinions
- Nelson v. AckermannSupreme Court of Minnesota · 1957
- Foot, Schulze & Co. v. SkeffingtonNorth Dakota Supreme Court · 1925
- Minar Rodelius Co. v. LysenSupreme Court of Minnesota · 1938
- Galbraith v. ClarkSupreme Court of Minnesota · 1917
- National Finance Co. v. MitchellSupreme Court of Minnesota · 1923
1 more not listed; retrieve them via the Exa API.