Barthelemy v. Foley Elevator Co.
Supreme Court of Minnesota
Action in the district court for Benton county to recover $747.60 for false representations in the purchase of seed wheat. The facts are stated in the opinion. The case was tried before Roeser, J., and a jury which returned a verdict for $400. From an order denying its motion for a new trial, defendant appealed.
1Opinion of the Court
Lees, C.
Defendant is a corporation dealing in grain and seeds at Foley. Plaintiff is a farmer in that neighborhood. In March, 1915, one Feddema was defendant’s agent at Foley. As such agent he then sold plaintiff 40 bushels of wheat to be sowed on his farm. The complaint alleges that in selling the wheat defendant “stated, represented and guaranteed that said seed wheat so furnished to plaintiff was genuine Marquis wheat; * * * that plaintiff * * * relied upon the statements and representations * * * that said seed wheat * * * was in fact Marquis wheat and believed said statements and…
2Cases cited5 opinions
- E. P. Moorhead v. Minneapolis Seed Co.Supreme Court of Minnesota · 1917
- Cowley v. DavidsonSupreme Court of Minnesota · 1868
- Wallace v. HallowellSupreme Court of Minnesota · 1894
- Magnuson v. BurgessSupreme Court of Minnesota · 1914
- Humphrey v. MerriamSupreme Court of Minnesota · 1887
3Cited by15 opinions
- Lehman v. Hansord Pontiac Co. Inc.Supreme Court of Minnesota · 1955
- Clements Auto Co. v. Service Bureau Corp.Court of Appeals for the Eighth Circuit · 1971
- Lowrey v. DingmannSupreme Court of Minnesota · 1957
- McCree & Company v. StateSupreme Court of Minnesota · 1958
- Truesdale v. FriedmanSupreme Court of Minnesota · 1965
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