Legal Opinion

O'BRIEN v. Phillips Motors Excelsior, Inc.

Supreme Court of Minnesota

Decided August 7, 1970No. 42150PublishedCited by 9 opinions

1Opinion of the Court

Peterson, Justice.

The question for decision is the constitutionality of that part of the Motor Vehicle Retail Installment Sales Act, Minn. St. 168.66 to 168.77, which imposes liquidated damages, plus reasonable attorneys’ fees, upon a retail automobile seller for his non-willful failure to furnish the retail buyer with a copy of his retail installment contract at the time of its execution.

The title of the Motor Vehicle Retail Installment Sales Act (L. 1957, c. 266), 1 as we observed in Van Asperen v. Darling Olds, Inc. 254 Minn. 62, 70, 71, 93 N. W. (2d) 690, 696, 697, reflects a legislative…

2Cases cited9 opinions

  1. St. Louis, Iron Mountain & Southern Railway Co. v. WilliamsSupreme Court of the United States · 1919
  2. Missouri Pacific Railway Co. v. TuckerSupreme Court of the United States · 1913
  3. Chicago & Northwestern Railway Co. v. NYE Schneider Fowler Co.Supreme Court of the United States · 1922
  4. Van Asperen v. Darling Olds, Inc.Supreme Court of Minnesota · 1958
  5. St. Louis, Iron Mountain & Southern Railway Co. v. WynneSupreme Court of the United States · 1912

4 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Kvidera v. Rotation Engineering & Manufacturing Co.Court of Appeals of Minnesota · 2005
  2. Scott v. Forest Lake Chrysler-Plymouth-DodgeSupreme Court of Minnesota · 2000
  3. Scott v. Forest Lake Chrysler-Plymouth-DodgeCourt of Appeals of Minnesota · 1999
  4. Scott v. Forest Lake Chrysler-Plymouth DodgeCourt of Appeals of Minnesota · 2002
  5. Kedzior v. NORWEST BANK MINN., NAT. ASS'NCourt of Appeals of Minnesota · 1995

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