DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
053458P.pdf 07/05/2006 Melford Olson Honey v. Richard Adee
U.S. Court of Appeals Case No: 05-3458
and No: 05-3459
District of Minnesota
[PUBLISHED] [Bye, Author, with Loken, Chief Judge, and Lay, Circuit Judges]
Civil case - contracts. Purchase order satisfied the merchant's
exception to the Minnesota statute of frauds, and the district court did not
err in submitting the evidence of the contract to the jury so that it could
determine its existence and terms; district court did not err in submitting
issues concerning force majeure clause to the jury, and the jury's findings
would not be disturbed; jury's findings concerning commercial
impracticability would not be disturbed on appeal; district court did not
err in submitting issue of anticipatory repudiation to the jury; jury
instructions were not erroneous; jury's damages determination affirmed.