47 Minn. 393 | Minn. | 1891
In this case the issues were wholly of fact, upon which there was a sharp conflict of evidence, and we are satisfied that the findings, at least so far as they were adverse to the defendants, were fully justified by the evidence. The action was upon a promissory note. The answer alleged as a defence failure of consideration, and also a counterclaim for damages for the breach of an executory contract, made at the time of the execution of the note, and part of the same transaction. It appears that the plaintiff had contracted to manufacture for defendant company a certain quantity of toy blocks for an agreed price. There was evidence reasonably tending to prove that this contract was fully performed by plaintiff. The agreed price has been paid, but the plaintiff had a claim against the defendant company for extra labor, materials, rent, etc. This claim the defendant company disputed, not particularly because it was unfounded or inaccurate, but because it claimed to have an offset to it on account of an alleged failure of the plaintiff to manufacture the toy blocks at the time agreed. Finally, a settlement was-arrived at, by which plaintiff made some deductions from its claim, and the defendants executed the note in suit for the balance. At the-same time, and as part of the same transaction, the plaintiff agreed, as the court finds, “to canvass and take orders for the sale of those blocks already manufactured and delivered to the defendant, and to ship the necessary blocks to fill such orders out of defendant's stock.”' This statement of facts is all that need be said in regard to the de-fence of a failure of consideration.
The only remaining question is that arising upon the alleged counterclaim. The court finds the “plaintiff’s agents took orders for some two thousand sets of blocks, at an average price of fifty cents per set, but that they wholly failed to ship or deliver the blocks on any such orders, or to turn over the orders to defendant.” But the court further states, in substance, that there was no evidence as k>
Order affirmed.