Legal Opinion

Schurmeier v. English

Supreme Court of Minnesota

Decided June 8, 1891PublishedCited by 5 opinions

Appeal by plaintiff from an order of the district court for Grow Wing county, Holland, J., presiding, denying his motion to set aside a verdict of $56 for plaintiff and the judgment entered thereon.

1Opinion of the CourtMitchell, J.

The record in this case discloses a very anomalous style of practice. Plaintiff brought the action to recover for certain -wagons manufactured for defendant at the agreed price of $195, of which $50 had been paid, leaving a balance of $145, for which judgment was demanded. The answer admitted plaintiff’s cause of action, but alleged a warranty of the quality of the wagons, a breach of it, and that by reason thereof the wagons were only worth $50, the amount which defendant had paid on them. As the wagons would presumably have been worth the agreed purchase price of $195 had they been as…

2Cases cited2 opinions

  1. Frohreich v. GammonSupreme Court of Minnesota · 1881
  2. Geiser Threshing Machine Co. v. FarmerSupreme Court of Minnesota · 1881

3Cited by5 opinions

  1. Bruce v. Fiss, Doerr & Carroll Horse Co.Appellate Division of the Supreme Court of the State of New York · 1900
  2. Fitzpatrick v. D. M. Osborne & Co.Supreme Court of Minnesota · 1892
  3. Plano Manufacturing Co. v. RichardsSupreme Court of Minnesota · 1902
  4. Skoog v. Mayer Bros.Supreme Court of Minnesota · 1913
  5. S. W. Rode & Son v. ArneyAppellate Court of Illinois · 1904

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