Bachertz v. Hayes-Lucas Lumber Co.

Julius J. Olson, Justice.

Plaintiff prevailed in Ms action to recover damages for alleged breach of warranty. Defendant’s blended motion for judgment notwithstanding or new trial Avas denied. The appeal is from that order.

Plaintiff is and over a period of years has been a resident of Mankato and there engaged in the business of erecting dwellings and other structures. Defendant’s business is that of a retail dealer in building materials.

During the spring and early summer of 1924 plaintiff was erecting a two-story dAvelling house upon premises owned by him in Mankato. While this was in course…