Johnson v. Wallower
Supreme Court of Minnesota
This action was brought in the district court for Goodhue county, and was taken to this court by the defendants who appealed from an order of that court denying their motion' for a new trial.
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This action was brought in the district court for Goodhue county, and was taken to this court by the defendants who appealed from an order of that court denying their motion' for a new trial. As all the matters, necessary to an understanding of the fleets in the case pertinent to the points decided by this court, and the rulings of the court below, appear in the opinion, and as the pleadings are so lengthy, and the testimony so voluminous, that a full statement of the case would occupy more space than the case would justify, further statement is not deemed advisable.
1Opinion of the Court
Ripley, Ch. J.
By the Court -This is an action for breach of warranty, and for deceit in the sale of a horse, owned and sold jointly by defendants to plaintiff, who claims damages, not only for the loss by the glanders oí the horse sold, but because another of .his horses, to whom said horse gave the disease, was thereby also lost.
There was a verdict for plaintiff covering the value of both horses, and defendants moved for a new trial,
“1. Because the .verdict was not justified by the evidence and is contrary to law.
2. For error in law occurring at the trial and excepted to by defendants.”
The…
2Cited by2 opinions
- Johnson v. WallowerSupreme Court of Minnesota · 1872
- Hartsough v. HirshheimerCourt of Appeals for the Seventh Circuit · 1922