Hull v. Prairie Queen Manufacturing Co.

The opinion of the court was delivered by

West, J.:

The defendant appeals from a judgment rescinding a contract to purchase a thrashing machine ■outfit, and for a return of the compensation. The . plaintiff received the machinery about July-1, 1910, and all together thrashed, as the jury found, about 34,000 bushels of grain and plowed about 290 acres. Early in July, 1911, claiming that the engine and separator were both defective and unfit for the work desired to be done by them, the plaintiff testified that he informed the defendant’s general manager that he desired the property taken back and…