Mandel v. Buttles
Supreme Court of Minnesota
Action on a bill of exchange, drawn by the plaintiff on the defendants, and by them accepted. Defence, that the bill was accepted on account of certain varnishes, etc., theretofore furnished by plaintiff to defendants, under a representation and warranty made by plaintiff to them, at the time of furnishing the goods, that such goods were of the best quality, and were fit and proper materials for varnishing the best kinds of furniture.
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Action on a bill of exchange, drawn by the plaintiff on the defendants, and by them accepted. Defence, that the bill was accepted on account of certain varnishes, etc., theretofore furnished by plaintiff to defendants, under a representation and warranty made by plaintiff to them, at the time of furnishing the goods, that such goods were of the best quality, and were fit and proper materials for varnishing the best kinds of furniture. That the defendants ordered the goods for use in staining and varnishing the best kinds of furniture, trusting in the representations and warranty of plaintiff.…
1Opinion of the CourtBerry, J.
Plaintiff, through an agent, sold to defendants certain quantities of furniture varnish and staining materials. The testimony of defendants Buttles and Herrick was to the effect that, at the time of the sale, the plaintiff’s agent warranted the goods purchased to be of the best quality, adding, according to Buttles, that if they did not find them so, they need not keep them, and, according to Herrick, that if they did not find them so, they need not pay for them. Between these two versions of the added stipulation, we think there is no essential difference, the meaning being that if the…
2Cases cited1 opinion
- Day v. . PoolNew York Court of Appeals · 1873
3Cited by18 opinions
- Cosgrove v. BennettSupreme Court of Minnesota · 1884
- Kingman & Co. v. WatsonWisconsin Supreme Court · 1897
- Fitzpatrick v. D. M. Osborne & Co.Supreme Court of Minnesota · 1892
- Inland Products Corp. v. Donovan Inc.Supreme Court of Minnesota · 1953
- Halley v. FolsomNorth Dakota Supreme Court · 1891
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