Johnson v. Wallower
Supreme Court of Minnesota
' This is art appeal from an order of tbe district court for Goodhue county, denying defendants’ motion for a new trial. The suit was brought to recover damages for a breach of warranty, and fraud, in the sale of a horse. Two jury trials have been had in the case, each resulting in a verdict for the plaintiff. After the first verdict, an appeal was taken to this court by the defendants, and a new trial granted.
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' This is art appeal from an order of tbe district court for Goodhue county, denying defendants’ motion for a new trial. The suit was brought to recover damages for a breach of warranty, and fraud, in the sale of a horse. Two jury trials have been had in the case, each resulting in a verdict for the plaintiff. After the first verdict, an appeal was taken to this court by the defendants, and a new trial granted. On the second trial, the court required the plaintiff to elect whether he would proceed upon the breach of warranty, or the fraud alleged in the complaint, and he elected the latter.…
1Opinion of the Court
By the Court.
Ripley, Ch. J.
A new trial being had in this case pursuant to the order of this court, (Johnson vs. Wallower et al., 15 Minn. 474) the jury returned a verdict for the plaintiff in the same sum as before, viz : $601.50, which it is not disputed includes the value of both horses.
The defendants moved for a new trial upon the two grounds, that the verdict is against evidence, and error in law occurring at the trial, and excepted to; and appeals to this court from the order of the district court denying the motion.
As to the first ground, it appears that at the trial the plaintiff was…
2Cases cited1 opinion
- Johnson v. WallowerSupreme Court of Minnesota · 1870
3Cited by12 opinions
- Minnesota Mining & Manufacturing Co. v. Travelers Indemnity Co.Supreme Court of Minnesota · 1990
- August Berger v. Minneapolis Gaslight Co.Supreme Court of Minnesota · 1895
- Boddy v. HenrySupreme Court of Iowa · 1904
- Gould v. Winona Gas Co.Supreme Court of Minnesota · 1907
- Bridgeman-Russell Co. v. City of DuluthSupreme Court of Minnesota · 1924
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