Hanson v. Hartse
Supreme Court of Minnesota
Appeal by defendant from an order of the district court for Clay county, Baxter, J., granting a motion for a new trial, unless plain-, tiff would consent to take judgment for thirty-one dollars, and in case of such consent denying a new trial. If the animal is sold to be consumed by the purchaser the law might imply a warranty of soundness, but not so where the sale is made to a dealer.
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Appeal by defendant from an order of the district court for Clay county, Baxter, J., granting a motion for a new trial, unless plain-, tiff would consent to take judgment for thirty-one dollars, and in case of such consent denying a new trial. If the animal is sold to be consumed by the purchaser the law might imply a warranty of soundness, but not so where the sale is made to a dealer. The distinction is clearly made in Benjamin, ¡Sales (4th Ed.) 878, note; Ryder v. Neitge, 21 Minn. 70; 1 Parsons, ■Cont. 588, note c; Moses v. Mead, 1 Denio, 378; Howard v. Emerson, 110 Mass. 320. A discussion…
1Opinion of the CourtMitchell, J.
According to the allegations of the complaint, as well as the -uncontradicted evidence, the plaintiff was a retail butcher whose business was to buy and slaughter cattle, and sell the meat to his ■customers to be by them used for food. The defendant was a farmer and the owner of a fat steer. The complaint alleges that plaintiff .bought the steer of the defendant for the purposes of his business; *284that at the time of the purchase the animal was affected with the disease known as “lumpy jaw,” and was wholly worthless and unfit for food, all of which facts were well known to the defendant; but…
2Cases cited3 opinions
- Howard v. EmersonMassachusetts Supreme Judicial Court · 1872
- Giroux v. StedmaxMassachusetts Supreme Judicial Court · 1888
- Ryder v. NeitgeSupreme Court of Minnesota · 1874
3Cited by5 opinions
- Salmon v. Libby, McNeil & LibbyAppellate Court of Illinois · 1904
- Zielinski v. PotterMichigan Supreme Court · 1917
- Swank v. BattagliaOregon Supreme Court · 1917
- Dorsey v. WatkinsU.S. Circuit Court for the District of Western Missouri · 1907
- Sullivan v. GirdArizona Supreme Court · 1921