McCormick Harvesting Machine Co. v. Fields
Supreme Court of Minnesota
Action in the district court for Blue Earth county to recover $125 and interest upon a promissory note. Defendant pleaded failure of' consideration, and interposed a counterclaim. The case was tried before Cray, J., who directed a verdict in favor of plaintiff for the sum demanded. From an order' denying a motion. for 'a new trial, defendant appealed.
1Opinion of the CourtCollins, J.
Action upon a promissory note. Defense that there was a breach of' a printed warranty of a corn shredder, for the purchase price of which the note was given.
The warranty relied upon was as follows:.“This machine is warranted to be well made, of good material, and durable with proper care. If upon one day’s trial' the machine should not work well, the purchaser shall give immediate notice to said McCormick Harvesting Machine Com*163pany, or their agent, and allow time to send a person to put it in order. If it cannot then be made to work well, the purchaser shall return it at once to the agent of…
2Cases cited4 opinions
- Rowell v. OlesonSupreme Court of Minnesota · 1884
- Lynch v. CurfmanSupreme Court of Minnesota · 1896
- Northwestern Cordage Co. v. RiceNorth Dakota Supreme Court · 1896
- Gaar, Scott & Co. v. PattersonSupreme Court of Minnesota · 1896
3Cited by10 opinions
- McCormack v. Hankscraft CompanySupreme Court of Minnesota · 1967
- Soo Line Railroad Company v. Fruehauf CorporationCourt of Appeals for the Eighth Circuit · 1977
- Poirier Manufacturing Co. v. KittsNorth Dakota Supreme Court · 1909
- Helvetia Copper Co. v. Hart-Parr Co.Supreme Court of Minnesota · 1919
- Detwiler v. DownesSupreme Court of Minnesota · 1912
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