Bratberg v. Advance-Rumely Thresher Co.

(On Petition for Rehearing.)

Bukke, J.

In a petition for rehearing appellant states that under chapter 238, Session Laws 1919, “it was competent for the parties to agree that during the period of trial the buyer if he found the machinery defective would notify the seller of that fact. Also that the seller would be afforded an opportunity to visit the machine and remedy the difficulty and if unable to do so would be entitled to substitute a new article for the one found to be defective or to take back the goods and return the price.” We do not hold that the parties could not so contract as under…