Stewart v. B. R. Menzel Co.

Losing, C.

This was a suit to recover the purchase price of a fur coat, bought from the defendant at its store in Minneapolis, March 5, 1928, under an alleged rescission of the purchase for breach of warranty on November 5, 1928.

Plaintiff alleges that he and his wife purchased a Hudson seal coat on the date mentioned and that defendant “guaranteed” it to be “a first-class garment.” Defendant admits that it so represented the coat and still claims that it is such. Plaintiff’s wife immediately wore the coat for three or four weeks and came to the conclusion it was not as represented. She spent…