McGrath v. Cannon
Supreme Court of Minnesota
Appeal by defendants, Thomas E. Cannon and Daniel Moody, from an order of the District Court of Clay County, Frank Ives, J., made April 11, 1893, denying their motion for a new trial. This action was upon a promissory note made by defendants April 16, 1892, for $1,254.95 and given plaintiff, Dennis F. McGrath in part payment for a stock of hardware they bought of him that day at Barnesville.
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Appeal by defendants, Thomas E. Cannon and Daniel Moody, from an order of the District Court of Clay County, Frank Ives, J., made April 11, 1893, denying their motion for a new trial. This action was upon a promissory note made by defendants April 16, 1892, for $1,254.95 and given plaintiff, Dennis F. McGrath in part payment for a stock of hardware they bought of him that day at Barnesville. They answered that plaintiff agreed to sell to them his stock of lumber, as well as his hardware, and they agreed to pay for both what they should be found to be reasonably worth. That an inventory was…
1Opinion of the CourtMitchell, J.
It seems to us that there are more grounds than one> on which the order appealed from might be affirmed, but we shall consider the case upon the lines upon which counsel have argued, it.
Accepting as true the testimony of defendant Cannon, the facts: were as follows: Plaintiff was the owner of a stock of hardware, and' also of a stock of lumber. Cannon was negotiating for the purchase *459of the hardware, and was about making a contract for it when plaintiff refused to sell it, unless Cannon would also buy the “lumber' business,” or find a purchaser for it. Cannon had no desire to buy the lumber,…
2Cases cited5 opinions
- Norris v. HarrisCalifornia Supreme Court · 1860
- Peterson v. MayerSupreme Court of Minnesota · 1891
- Spear v. SniderSupreme Court of Minnesota · 1882
- Weber v. ClarkSupreme Court of Minnesota · 1877
- Nelichka v. EsterlySupreme Court of Minnesota · 1882
3Cited by24 opinions
- Anderson v. KammeierSupreme Court of Minnesota · 1977
- Mulcahy v. DieudonneSupreme Court of Minnesota · 1908
- Von Heyne v. TompkinsSupreme Court of Minnesota · 1903
- Fewell v. TappanSupreme Court of Minnesota · 1947
- Stauff v. BingenheimerSupreme Court of Minnesota · 1905
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