Frohreich v. Gammon
Supreme Court of Minnesota
Plaintiff brought this action in the district court for Mower county, stating his cause of action in his complaint as follows: “That on or about the 20th of July A. D. 1878, at said county, defendants, by their duly authorized agent, sold and delivered to the plaintiff one Marsh harvester for the agreed price of $315, which sum plaintiff then agreed to pay therefor.
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Plaintiff brought this action in the district court for Mower county, stating his cause of action in his complaint as follows: “That on or about the 20th of July A. D. 1878, at said county, defendants, by their duly authorized agent, sold and delivered to the plaintiff one Marsh harvester for the agreed price of $315, which sum plaintiff then agreed to pay therefor. That at the time of and previous to said sale, defendants represented and warranted said machine to be well made of good material, and that it would do good work — as good as any other machine. That plaintiff believed and relied…
1Opinion of the CourtBerry, J.
This is an action for breach of a warranty alleged to have been made by defendants upon the sale of a Marsh harvester to the plaintiff.
1. The defendants alleged and insisted that the warranty was written; the plaintiff, that it was oral. Plaintiff claimed and introduced evidence to show that, after the making of the oral warranty, defendants’ agent handed him a paper, which defendants contend was the only warranty; that the plaintiff could not read it, (as it was written in a language foreign to him,) but that the agent told him that it was the same as the oral warranty, and that this was not…
2Cases cited3 opinions
- Passinger v. . ThorburnNew York Court of Appeals · 1866
- Paine v. SherwoodSupreme Court of Minnesota · 1875
- Marsh v. WebberSupreme Court of Minnesota · 1871
3Cited by30 opinions
- Leavitt v. Fiberloid Co.Massachusetts Supreme Judicial Court · 1907
- Despatch Oven Co. v. RauenhorstSupreme Court of Minnesota · 1949
- Maxfield v. SchwartzSupreme Court of Minnesota · 1890
- Strand v. GriffithCourt of Appeals for the Eighth Circuit · 1899
- Liljengren Furniture & Lumber Co. v. MeadSupreme Court of Minnesota · 1890
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