E. P. Moorhead v. Minneapolis Seed Co.
Supreme Court of Minnesota
Two actions in the district court for Hennepin county to recover $6,343.40 and $746.40, respectively, for breach of warranty.
Read the full summary
Two actions in the district court for Hennepin county to recover $6,343.40 and $746.40, respectively, for breach of warranty. The answers 'alleged that if, on or about the time alleged in the complaint any wheat was sold and delivered by defendant to plaintiff and was by him planted and failed to germinate and grow, such failure was wholly caused by the wilful or careless and negligent acts, omissions and conduct of plaintiff, his agent, tenant and representative in choosing the season and time of planting such wheat, and in selecting, cultivating and preparing the soil for planting the same,…
1Opinion of the Court
Dibell, .C.
These two actions to recover for the breach of an express warranty of the germinating power of seed-wheat were tried together and there *13were verdicts for the plaintiffs. The defendant appeals from the order denying its alternative motion for judgment or a new trial. ■
The questions are these:(1) Whether the evidence sustains a finding that an express warranty on the sale of seed-wlieat was made on behalf of the defendant by its vice president and general manager; and in connection with this the effect of disclaimers of warranty printed on the letter-head confirming the sale, on the…
2Cases cited26 opinions
- White v. . MillerNew York Court of Appeals · 1877
- Passinger v. . ThorburnNew York Court of Appeals · 1866
- Moody v. PeiranoCalifornia Court of Appeal · 1906
- Edgar v. Joseph Breck & Sons Corp.Massachusetts Supreme Judicial Court · 1899
- Bierman v. . City Mills Co.New York Court of Appeals · 1897
21 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Celanese Corp. Of America v. John Clark Industries, Inc.Court of Appeals for the Fifth Circuit · 1954
- Despatch Oven Co. v. RauenhorstSupreme Court of Minnesota · 1949
- Storley v. Armour & Co.Court of Appeals for the Eighth Circuit · 1939
- The Belt Seed Co. v. Mitchelhill Seed Co.Missouri Court of Appeals · 1941
- India Paint and Lacquer Co. v. United Steel Prod. Corp.California Court of Appeal · 1954
21 more not listed; retrieve them via the Exa API.