Rowe v. Emerson-Brantingham Implement Co.
Montana Supreme Court
'Appeal from District Court, Chouteau County; John W. Tattan, Judge. Action by "Wearn Bowe and others against the EmersonBrantingham Implement Company. Judgment for defendant, and from an order refusing a new. trial, plaintiffs appeal.
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'Appeal from District Court, Chouteau County; John W. Tattan, Judge. Action by "Wearn Bowe and others against the EmersonBrantingham Implement Company. Judgment for defendant, and from an order refusing a new. trial, plaintiffs appeal. This case presents but one question, and that is: When a written -contract is obtained from a buyer by a seller of a manufactured article, which article may contain latent defects, and such article is sold by contract,- without the buyer having an opportunity to examine the same, and purchases the same for some special purpose, and is induced to enter into such…
1Opinion of the CourtJustice Cooper
This action was brought to recover damages for a breach of warranty of the quality and fitness of a threshing-machine of a specified make, and to cancel the notes given for its purchase price. The original written order was executed September 6, 1915, and. contained the usual provisions intended to safeguard the interests of the seller. The answer admits the sale, but denies the breach. It also sets forth a counterclaim in which it is alleged that the notes sought to be canceled were executed and delivered to evidence the purchase price of the machine, and that the mortgage thereon was given…
2Cases cited13 opinions
- Seitz v. Brewers' Refrigerating MacHine Co.Supreme Court of the United States · 1891
- Kellogg Bridge Co. v. HamiltonSupreme Court of the United States · 1884
- Hoe v. . SanbornNew York Court of Appeals · 1860
- Thompson v. LibbySupreme Court of Minnesota · 1885
- Hei v. HellerWisconsin Supreme Court · 1881
8 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Continental Oil Co. v. BellMontana Supreme Court · 1933
- Bauer v. MonroeMontana Supreme Court · 1945
- Ryan v. Ald, Inc.Montana Supreme Court · 1965
- Burnett v. BurnettMontana Supreme Court · 1923
- Valley Refrigeration Co. v. Lange Co.Wisconsin Supreme Court · 1943
3 more not listed; retrieve them via the Exa API.