Flatt v. D. M. Osborne & Co.
Supreme Court of Minnesota
Plaintiff brought this action in the district court for Freeborn county, to recover damages for breach of an oral warranty of a harvesting machine, known as the Osborne self-binder, bought by him in July, 1878, for $270, from the defendant (a corporation of the state of New York) through its agent at Northwood, Iowa, one Kenaston..
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Plaintiff brought this action in the district court for Freeborn county, to recover damages for breach of an oral warranty of a harvesting machine, known as the Osborne self-binder, bought by him in July, 1878, for $270, from the defendant (a corporation of the state of New York) through its agent at Northwood, Iowa, one Kenaston.. The warranty alleged in the complaint was that the machine “was well made, of good material, and would do good work in cutting and binding plaintiff’s grain, and would cut and bind in a proper and suitable manner, and in good shape, from 10 to 15 acres per day, and…
1Opinion of the CourtVanderburgh, J.
In July, 1878, the plaintiff purchased of an agent of defendants a harvesting-machine known as the “Osborne Self-binder,” which he alleges was accompanied with an oral warranty of -its quality and capacity. The defendants were manufacturers, and the agent had control of the sale of their farm machinery for the vicinity. The making of such warranty is denied by the defendants, and they allege in their answer that the machine was purchased subject to a written warranty, which is set out therein, and is similar to the one which was construed by this court in Tunell v. Osborne, 31 Minn. 343. The…
2Cases cited8 opinions
- Massoth v. President of Delaware & Hudson Canal Co.New York Court of Appeals · 1876
- Karsen v. Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1881
- Deering v. ThomSupreme Court of Minnesota · 1882
- McCormick v. KellySupreme Court of Minnesota · 1881
- Taylor v. MuellerSupreme Court of Minnesota · 1883
3 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Barrie v. QuinbyMassachusetts Supreme Judicial Court · 1910
- First National Bank v. DutcherSupreme Court of Iowa · 1905
- Baker v. Nichols & Shepard Co.Supreme Court of Oklahoma · 1901
- Kingman & Co. v. WatsonWisconsin Supreme Court · 1897
- International Harvester Co. v. LawyerSupreme Court of Oklahoma · 1916
3 more not listed; retrieve them via the Exa API.