C. Aultman & Co. v. Torrey
Supreme Court of Minnesota
Appeal by plaintiff, C. Aultman & Co., a corporation, from a judgment of the District Court of Brown County, B. F. Webber, J., entered October 11, 1892, for defendant for his costs. On August 8, 1S84, the plaintiff sold and delivered to defendant, John A. Torry, a harvesting and binding machine, and warranted it to do good work, that it was made of good material, not' liable to get out of order, of light and easy draft, and would not miss binding bundles.
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Appeal by plaintiff, C. Aultman & Co., a corporation, from a judgment of the District Court of Brown County, B. F. Webber, J., entered October 11, 1892, for defendant for his costs. On August 8, 1S84, the plaintiff sold and delivered to defendant, John A. Torry, a harvesting and binding machine, and warranted it to do good work, that it was made of good material, not' liable to get out of order, of light and easy draft, and would not miss binding bundles. Torry gave plaintiff his two promissory notes for the price; one for $125 and interest, due November 1, 1885, and the other for $100 and…
1Opinion of the CourtVanderburgh, J.
The plantiff sues to recover upon notes which were dated August 8, 1884, and payable November 1, 1885, and November 1, 1886. The action was brought in October, 1891. The notes were given for the price of a harvester sold by plaintiff to defendant with warranty when they were given, and it is admitted that there has been a breach of the warranty for more than six years, and that the damages suffered by the defendant by reason of such breach of warranty are equal to the amount of the notes sued on. The breach of warranty was set up by defendant as a defense, and by way of recoupment of…
2Cases cited2 opinions
- Broughton v. ShermanSupreme Court of Minnesota · 1875
- Wilson v. ReedySupreme Court of Minnesota · 1885
3Cited by16 opinions
- Bull v. United StatesSupreme Court of the United States · 1935
- Williams v. NeelyCourt of Appeals for the Eighth Circuit · 1904
- Crossett Lumber Co. v. United StatesCourt of Appeals for the Eighth Circuit · 1937
- Light v. Chandler Improvement Co.Arizona Supreme Court · 1928
- State v. Arkansas Brick & Manufacturing Co.Supreme Court of Arkansas · 1911
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