McDonald v. Union Hay Co.
Supreme Court of Minnesota
Action in the district court for Hennepin county to recover $3,113.50 for breach of contract. The answer alleged that the shipment of bran to plaintiff by defendant was prevented by an embargo on all shipments moving to Boston and Boston rate points, and defendant could not procure from the railroad companies cars in which to ship the bran to such points, and plaintiff failed to furnish defendant with other shipping instructions thereon; that by reason of the inability of…
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Action in the district court for Hennepin county to recover $3,113.50 for breach of contract. The answer alleged that the shipment of bran to plaintiff by defendant was prevented by an embargo on all shipments moving to Boston and Boston rate points, and defendant could not procure from the railroad companies cars in which to ship the bran to such points, and plaintiff failed to furnish defendant with other shipping instructions thereon; that by reason of the inability of defendant to obtain cars, plaintiffs instructed defendant to turn over the bran in such cars as would not be allowed to…
1Opinion of the CourtHolt, J.
Plaintiffs and defendant are dealers and brokers in feed; plaintiffs in Boston and defendant in Minneapolis. In the fall of 1916, defendant sold-300 tons of bran for $38 per ton, delivered at Boston or Boston rate points, for November shipment. By subsequent agreement the price was changed to $33 per ton. At the request of plaintiffs in December, 1916, shipment was delayed. However, in January, 1917, and the months fol*42lowing they repeatedly asked that the bran be delivered speedily, but without avail. On April 18, 1917, it is claimed a modification of the sale contract was agreed upon, to the…
2Cases cited10 opinions
- Lillard v. Kentucky Distilleries & Warehouse Co.Court of Appeals for the Sixth Circuit · 1904
- Lowy v. RosengrantSupreme Court of Alabama · 1916
- Scheerschmidt v. SmithSupreme Court of Minnesota · 1898
- Steidtmann v. Joseph Lay Co.Illinois Supreme Court · 1908
- Globe Milling Co. v. Minneapolis Elevator Co.Supreme Court of Minnesota · 1890
5 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Meyer v. Washington Times Co.Court of Appeals for the D.C. Circuit · 1935
- Rooney v. Dayton-Hudson Corp.Supreme Court of Minnesota · 1976
- Bemis Bros. Bag Co. v. NesbittSupreme Court of Minnesota · 1931
- Todd v. MeserveCalifornia Court of Appeal · 1928
- Stein v. ShapiroSupreme Court of Minnesota · 1920
4 more not listed; retrieve them via the Exa API.