Mueller v. Keeley

The plaintiffs, Emil H. Mueller and Charles J. Mueller, brought this action in the district court for Cherry County against Eugene P. Keeley, defendant, for breach of a warranty agreement. By stipulation of the parties a jury was waived and trial had to the court. The court found generally in favor of the defendant and against the plaintiffs and made a specific finding that the plaintiffs, by use of the machine, the subject of a contract between the plaintiffs and the defendant, had waived their right to- rely upon rescission of the contract. Judgment was entered in favor of the defendant,…