Wheaton Roller-Mill Co. v. John T. Noye Manufacturing Co.
Supreme Court of Minnesota
Appeal by plaintiff from an order of the district court for Traverse county, C. L. Brown, J., denying a motion for a new trial. The written contract, referred to in the opinion, was as follows: “Wheaton, Minn., Aug. 31st, 1889. “It is hereby mutually agreed by and between The John T. FToye Mfg.
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Appeal by plaintiff from an order of the district court for Traverse county, C. L. Brown, J., denying a motion for a new trial. The written contract, referred to in the opinion, was as follows: “Wheaton, Minn., Aug. 31st, 1889. “It is hereby mutually agreed by and between The John T. FToye Mfg. Co., of Buffalo, N. Y., and the undersigned parties, in Wheaton, Minn., that the said John T. Noye, proposes to furnish said parties-one complete forty horse power outfit of the Rice automatic engine and the Bromwell Boiler as hereinafter described, viz.: One Rice automatic engine 8x16 all complete…
1Opinion of the CourtMitchell, J.
This action was brought to recover damages for the breach of a warranty of a steam engine, boiler, etc., furnished and set up by defendant for the plaintiff in its mill. The alleged warranty was that the machinery was well made, of good material, and capable of operating plaintiff's mill at full capacity; the part italicized being all that is material on this appeal. It appeared on the trial that the machinery was furnished under the written contract found in full in the paper book, at folios 52 to 57, which is so long that we shall leave it to speak for itself, without attempting here to…
2Cases cited3 opinions
- Thompson v. LibbySupreme Court of Minnesota · 1885
- Green v. BatsonWisconsin Supreme Court · 1888
- Wisconsin Red Pressed-Brick Co. v. HoodSupreme Court of Minnesota · 1895
3Cited by29 opinions
- J&B Steel Contractors, Inc. v. C. Iber & Sons, Inc.Illinois Supreme Court · 1994
- Bussard v. College of Saint Thomas, Inc.Supreme Court of Minnesota · 1972
- Davis Calyx Drill Co. v. MalloryCourt of Appeals for the Eighth Circuit · 1905
- Meland v. YoungbergSupreme Court of Minnesota · 1914
- Ehrsam v. BrownSupreme Court of Kansas · 1907
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