Legal Opinion

Johnson v. Foley Milling & Elevator Co.

Supreme Court of Minnesota

Decided October 15, 1920No. 21,841PublishedCited by 7 opinions

Action in the district conrt for Benton eonnty to recover $535 for breach of warranty in the purchase of seed. The case was tried before Boeser, J., and a jury which returned a verdict for $296. From an order denying its motion for new trial, defendant appealed.

1Opinion of the CourtQuiNN, J.

Action to recover damages upon the ground of a breach of warranty as to the kind of wheat furnished by the defendant to the plaintiff, pursuant to a contract between them, which contemplated that the wheat was to be used for seed upon plaintiff’s farm. The contract was made orally, and, as claimed by the plaintiff, with a warranty on the part of the defendant that the wheat was “genuine Marquis wheat.” There was a verdict for the plaintiff for $296. From an order denying its motion for a new trial, defendant appealed.

The contract for the sale and purchase of the wheat was made under these…

2Cases cited8 opinions

  1. White v. . MillerNew York Court of Appeals · 1877
  2. Hawkins v. . PembertonNew York Court of Appeals · 1872
  3. Dounce v. . DowNew York Court of Appeals · 1876
  4. Van Wyck v. . AllenNew York Court of Appeals · 1877
  5. Hoffman v. DixonWisconsin Supreme Court · 1900

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3Cited by7 opinions

  1. Kleven v. Geigy Agricultural ChemicalsSupreme Court of Minnesota · 1975
  2. Henderson v. BerceSupreme Judicial Court of Maine · 1946
  3. Blackburn v. Carlson Seed CompanyMissouri Court of Appeals · 1959
  4. Parrish v. KotthoffOregon Supreme Court · 1929
  5. Tuttle v. Bootes Hatcheries & Packing Co.District Court, D. Minnesota · 1953

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