Schubert v. J. R. Clark Co.
Supreme Court of Minnesota
Appeal by defendant, The J. E. Clark Company, a corporation, from an order of the District Court of Hennepin County, Hooker, J., made August 31, 1891, overruling a demurrer to the complaint. The plaintiff, Edward J. Schubert, by his complaint, stated that defendant was a domestic corporation engaged in the business of manufacturing stepladders of wood for sale to the trade.
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Appeal by defendant, The J. E. Clark Company, a corporation, from an order of the District Court of Hennepin County, Hooker, J., made August 31, 1891, overruling a demurrer to the complaint. The plaintiff, Edward J. Schubert, by his complaint, stated that defendant was a domestic corporation engaged in the business of manufacturing stepladders of wood for sale to the trade. That plaintiff was on March 3,1891, a painter by trade, and employed by W. E. Phelps in painting a store. That Phelps ordered a retail dealer to deliver to plaintiff at the store a ten-foot stepladder for his use in…
1Opinion of the CourtDickinson, J.
The sufficiency of the complaint as showing a right to recover against the defendant is here for decision. The facts of the case, as shown by the complaint, may be thus stated:
The plaintiff, a house painter, was in the employ of one Phelps. He was engaged in the work of painting the interior of a certain building. Plis employer, Phelps, as a purchaser, ordered from a retail merchant a new ten-foot stepladder, directing that it be delivered to the plaintiff at the place where he was at work. The merchant, not having such a ladder in his stock of goods, ordered the defendant corporation to…
2Cases cited9 opinions
- Thomas v. . WinchesterNew York Court of Appeals · 1852
- Wellington v. Downer Kerosene Oil Co.Massachusetts Supreme Judicial Court · 1870
- Norton v. SewallMassachusetts Supreme Judicial Court · 1870
- Jeffrey v. BigelowNew York Supreme Court · 1835
- Bishop v. WeberMassachusetts Supreme Judicial Court · 1885
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3Cited by58 opinions
- Huset v. J. I. Case Threshing Mach. Co.Court of Appeals for the Eighth Circuit · 1903
- McCormack v. Hankscraft CompanySupreme Court of Minnesota · 1967
- Superwood Corp. v. Siempelkamp Corp.Supreme Court of Minnesota · 1981
- Beck v. SpindlerSupreme Court of Minnesota · 1959
- Lovejoy v. Minneapolis-Moline Power Implement Co.Supreme Court of Minnesota · 1956
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