McGuire v. Chambers
Supreme Court of Minnesota
Action in the district court for Hennepin county to recover $888 for breach oif warranty on sale of a. carload of corn. The ease was tried before Bardwell, J., who when plaintiff rested and at the close of the testimony denied defendant’s ‘motion for a directed verdict, and a jury which returned a verdict for $765. From an order denying his motion for a new trial, defendant appealed.
1Opinion of the CourtHallam, J.
About the thirteenth or fourteenth of June, 1918, at Saint Paul, Minnesota, plaintiff purchased from defendant a car of corn containing 1,438 bushels, at $1.40 a bushel. The sale was made by sample. Plaintiff ordered the corn shipped to Stanton, Wisconsin. His evidence is that on its arrival there he found it inferior to the sample, and that he notified defendant that he would ship the corn back, but defendant asked him not to do so. He then brought this action to recover damages for breach of warranty. -The jury awarded him $765. Defendant appeals.
1. The court instructed the jury that…
2Cases cited2 opinions
- Skoog v. Mayer Bros.Supreme Court of Minnesota · 1913
- Merrick v. WiltseSupreme Court of Minnesota · 1887
3Cited by1 opinion
- Coca-Cola Bottling Co. of Ark. v. AdcoxSupreme Court of Arkansas · 1934