Schutz v. Tostove

1 Reported in 253 N.W. 372. Action to recover for merchandise sold and delivered. At the close of plaintiff's case the court dismissed the action on defendant's motion. The plaintiff appeals from an order denying his motion for a new trial.

1. The plaintiff sold and delivered to the defendant a mechanical corn-picker attachment at an agreed price. After using it for two weeks the defendant returned it. He claims a rescission by consent.

The evidence does not show a right of rescission in the defendant under § 69 of the uniform sales act, 2 Mason Minn. St. 1927, § 8443, for a breach of warranty…