International Harvester Co. of America v. Elfstrom
Supreme Court of Minnesota
Action in the district court for Chisago county to recover $115, and interest, on an alleged contract. The case was tried before Crosby, J., and a jury, which rendered a verdict in favor of plaintiff for $116.47. From an order denying a motion for judgment notwithstanding the verdict or for a new trial, defendant appealed. The court erred in admitting in evidence, and in refusing to strike out, exhibit A, a carbon copy of the contract. Exhibit A was not the best evidence.
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Action in the district court for Chisago county to recover $115, and interest, on an alleged contract. The case was tried before Crosby, J., and a jury, which rendered a verdict in favor of plaintiff for $116.47. From an order denying a motion for judgment notwithstanding the verdict or for a new trial, defendant appealed. The court erred in admitting in evidence, and in refusing to strike out, exhibit A, a carbon copy of the contract. Exhibit A was not the best evidence. The original contract was in existence. Even conceding that it was competent primary evidence, it was incumbent upon…
1Opinion of the CourtElliott, J.
This was an action brought to recover upon a written contract for the purchase price of a certain McCormick binder, which the plaintiff claimed it sold and delivered to the defendant. The jury returned a verdict in favor of the plaintiff, and the appeal is from an order denying the alternative motions for judgment in favor of the defendant notwithstanding the verdict or for a new trial.
Upon the appeal it is claimed that the action was prematurely *265brought, that the defendant renounced the contract before any delivery or attempted delivery was made, and that no delivery of the binder was in…
2Cases cited10 opinions
- Crossman v. . CrossmanNew York Court of Appeals · 1884
- Chesapeake & Ohio Railway Co. v. StockSupreme Court of Virginia · 1905
- Barr v. ArmstrongSupreme Court of Missouri · 1874
- Cleveland & Toledo R. R. v. PerkinsMichigan Supreme Court · 1868
- Lewis v. PaynCourt for the Trial of Impeachments and Correction of Errors · 1827
5 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- State v. MatousekSupreme Court of Minnesota · 1970
- Standard Sand & Gravel Co. v. McClaySupreme Court of North Carolina · 1926
- Federal Union Surety Co. v. Indiana Lumber & Manufacturing Co.Indiana Supreme Court · 1911
- Goodman v. SapersteinCourt of Appeals of Maryland · 1911
- Werner v. Hillman Coal & Coke Co.Supreme Court of Pennsylvania · 1930
13 more not listed; retrieve them via the Exa API.