Smith v. Kingman & Co.
Supreme Court of Minnesota
Action in tlie district court for Hennepin county against defendant corporation to recover $300 over-payment to it upon the purchase of 200 bicycles, and the further sum of $1,500 for defendant’s misrepresentations and failure to perform its agreements to protect plaintiffs from competition in the sale of said wheels.
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Action in tlie district court for Hennepin county against defendant corporation to recover $300 over-payment to it upon the purchase of 200 bicycles, and the further sum of $1,500 for defendant’s misrepresentations and failure to perform its agreements to protect plaintiffs from competition in the sale of said wheels. A trial resulted in a verdict in favor of plaintiffs for the sum of $2,154.20. From an order, Jamison, J., granting a motion for a new trial unless plaintiffs should consent to a reduction of the verdict to $1,500, which consent was duly given, defendant appealed. The essential…
1Opinion of the CourtCanty, J.
On the trial of this action plaintiffs had a verdict and from an order denying a new trial defendant appeals.
*4591. The complaint attempts to set out a cause of action for damages for fraud in the sale by defendant to plaintiffs of a number of bicycles. It alleges:
“Said defendant * * * represented to plaintiffs that the said bicycle was a high grade machine and was manufactured by the Kenwood Bicycle Manufacturing Company in the city of Chicago, state of Illinois; that said bicycle was first class in every respect; that defendant had knowledge of the reputation of said machine, the same having…
2Cited by7 opinions
- Bartleson v. MunsonSupreme Court of Minnesota · 1908
- Cappis v. WiedemannSupreme Court of Minnesota · 1902
- Youngquist v. Minneapolis Street Railway Co.Supreme Court of Minnesota · 1907
- In Re Estate of BegleySupreme Court of Minnesota · 1929
- Feely v. KaneSupreme Court of Minnesota · 1929
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