Wellberg v. Duluth Auto Supply Co.
Supreme Court of Minnesota
Action for conversion in the dictrict court for St. Louis county and to recover $950, the value of the property converted. The case was tried before Cant, J., who denied defendant’s motion to direct a verdict in its favor, and a jury which returned a verdict for $918. From an order denying its motion for judgment notwithstanding the verdict and denying its motion for a new trial in case plaintiff consented to a reduction of the verdict to $700, defendant appealed. ■
1Opinion of the Court
Lees, C.
In December, 1917, defendant sold an automobile to plaintiff for $1,750. It was one of five which defendant had purchased from the Jones Motor Car Company of Wichita, Kansas. After purchasing the car, plaintiff discovered that he could not start the motor. Ineffectual attempts to start it were made by defendant’s employees, and one of them finally told plaintiff that the trouble was due to. the motor and that a new motor and starter would be placed in the car. Defendant obtained from the Jones Company a promise to replace the motors and starters in the five cars it had sold to it with…
2Cases cited17 opinions
- Dispatch Printing Co. v. National Bank of CommerceSupreme Court of Minnesota · 1910
- Kilborn v. Prudential InsuranceSupreme Court of Minnesota · 1906
- Rustad v. Great Northern Railway Co.Supreme Court of Minnesota · 1913
- Davis v. Tribune Job-Printing Co.Supreme Court of Minnesota · 1897
- Travelers Indemnity Co. v. FawkesSupreme Court of Minnesota · 1913
12 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Essex Insurance Company v. Barrett Moving & Storage, Inc.Court of Appeals for the Eleventh Circuit · 2018
- Aetna Casualty & Surety Co. v. Higbee Co.Ohio Court of Appeals · 1947
- Torgerson v. Quinn-Shepherdson Co.Supreme Court of Minnesota · 1925
- Poznanovic v. GilardineSupreme Court of Minnesota · 1928
- Breuer v. Continental Insurance Co.Supreme Court of Minnesota · 1933
5 more not listed; retrieve them via the Exa API.