Pettibone Minnesota Corp. v. Castle

Considered and decided by the court without oral argument.

This action was brought to recover the purchase price of machinery used in processing gravel, namely, an 880 Crusher and washing plant. Defendant counterclaimed for damages claiming the breach of the contract to deliver the 880 Crusher. In the course of the transaction between the parties, defendant accepted delivery by plaintiff of a crusher known as a Pitmaster. Crusher in the fall of 1969. There was a sharp conflict in the evidence whether the Pitmaster Crusher was accepted by the defendant on a temporary basis until the 880 Crusher…