Ziehme v. Simms
Supreme Court of Minnesota
Action in the municipal court of Minneapolis to recover $220 on a contract for the sale of jewelry. The defense set up in the answer is stated in the second paragraph of the opinion. The case was tried before Waite, J., who directed a verdict in favor of plaintiffs for $230.15. Erom an order denying defendant’s motion for judgment notwithstanding the verdict or for a new trial, he appealed.
1Opinion of the CourtBrown, J.
Action to recover the value of certain jewelry alleged to have been sold and delivered to defendant, in which plaintiffs had a verdict, and defendant appealed from an order denying his alternative motion for judgment notwithstanding or for a new trial.
The defense to the action was that the jewelry was sold to defendant under a representation, or guaranty, that the same was of a particular kind and character, viz., either solid gold, gold filled, or rolled gold plated; that defendant gave a written order therefor, which contained a description of the goods as to the kind and character of gold…
2Cases cited5 opinions
- Columbian Iron Works & Dry Dock Co. v. DouglasCourt of Appeals of Maryland · 1896
- W. F. Main Co. v. FieldSupreme Court of North Carolina · 1907
- Loveland v. SteenersonSupreme Court of Minnesota · 1906
- Hudson v. RoosMichigan Supreme Court · 1888
- North Baltimore Bottle Glass Co. v. AltpeterWisconsin Supreme Court · 1907