Legal Opinion

Milgram Food Stores, Inc. v. Gelco Corp.

District Court, W.D. Missouri

Decided October 7, 1982No. 81-0289-CV-W-8PublishedCited by 13 opinions

1Opinion of the Court

MEMORANDUM AND ORDER

STEVENS, District Judge.

Plaintiff Milgram Food Stores, Inc., a Missouri corporation, brought this action to recover $48,363.10 paid by mistake to the Feld Truck Leasing Division of defendant Gelco Corporation, a Minnesota corporation, on or about December 2,1980. (For clarity and simplicity, defendant will hereinafter be referred to as Feld rather than Gelco.) Feld counterclaimed for a setoff of $43,-169.77, based on another alleged indebtedness. Its tender of the remaining $5,193.33 was refused by Milgram.

The parties have filed an extensive stipulation with supporting…

2Cases cited11 opinions

  1. Scholl v. TallmanSouth Dakota Supreme Court · 1976
  2. Michael T. Goldman and Judith R. Goldman v. First Federal Savings and Loan Association of WilmetteCourt of Appeals for the First Circuit · 1975
  3. Department of Fisheries v. J-Z Sales Corp.Court of Appeals of Washington · 1980
  4. Chancellor, Inc. v. Hamilton Appliance Co.New Jersey Superior Court Appellate Division · 1980
  5. Brown v. Coastal Truckways, Inc.Court of Appeals of North Carolina · 1980

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3Cited by13 opinions

  1. Horn Waterproofing Corp. v. Bushwick Iron & Steel Co.New York Court of Appeals · 1985
  2. Air Van Lines, Inc. v. BusterAlaska Supreme Court · 1983
  3. Marton Remodeling v. JensenUtah Supreme Court · 1985
  4. Nelson v. Fire Insurance ExchangeAppellate Court of Illinois · 1987
  5. Les Schwab Tire Centers of Oregon, Inc. v. Ivory Ranch, Inc.Court of Appeals of Oregon · 1983

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