D. M. Osborne & Co. v. Carpenter
Supreme Court of Minnesota
The plaintiff (a corporation) brought this action upon two promissory notes amounting to $175, made by the defendants. The answer admits the making of the notes, but alleges as a counterclaim that they were given in part-payment for a self-binding harvesting machine, sold by plaintiff to the defendants for the agreed price of $295, the balance of the purchase price being paid at the time of the sale; that the sale was made with a warranty by the plaintiff, through its…
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The plaintiff (a corporation) brought this action upon two promissory notes amounting to $175, made by the defendants. The answer admits the making of the notes, but alleges as a counterclaim that they were given in part-payment for a self-binding harvesting machine, sold by plaintiff to the defendants for the agreed price of $295, the balance of the purchase price being paid at the time of the sale; that the sale was made with a warranty by the plaintiff, through its agents, that the machine was well made, would do good work in cutting and binding defendant’s grain, would do as good work as…
1Opinion of the Court
Vanderburgh, J.1
The evidence in the case is'sufficient to establish the finding of the jury that the plaintiff sold to the defendants, with warranty, a combined harvester and binder, in July, 1881, at the agreed price of $295; that the same was then delivered to them; *333that they turned out in part-payment a second-hand harvester owned by them, for which they were allowed $125 on the purchase, and promised to give their notes for the balance, which were thereafter-executed by them August 20th following, being the same on which this action was brought. The defendants set up breach of warranty,…
2Cases cited4 opinions
- Mandel v. ButtlesSupreme Court of Minnesota · 1875
- D. M. Osborne & Co. v. MarksSupreme Court of Minnesota · 1885
- Flatt v. D. M. Osborne & Co.Supreme Court of Minnesota · 1885
- Tunell v. D. M. Osborne & Co.Supreme Court of Minnesota · 1883
3Cited by4 opinions
- Peoples State Bank v. RandbySupreme Court of Minnesota · 1924
- Juergens v. ThomSupreme Court of Minnesota · 1888
- Wyckoff v. HoranSupreme Court of Minnesota · 1888
- Harris MacHinery Co. v. HeinerSupreme Court of Minnesota · 1930