Schurmeier v. English
Supreme Court of Minnesota
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
- Frohreich v. GammonSupreme Court of Minnesota · 1881
- Geiser Threshing Machine Co. v. FarmerSupreme Court of Minnesota · 1881
3Cited by5 opinions
- Bruce v. Fiss, Doerr & Carroll Horse Co.Appellate Division of the Supreme Court of the State of New York · 1900
- Fitzpatrick v. D. M. Osborne & Co.Supreme Court of Minnesota · 1892
- Plano Manufacturing Co. v. RichardsSupreme Court of Minnesota · 1902
- Skoog v. Mayer Bros.Supreme Court of Minnesota · 1913
- S. W. Rode & Son v. ArneyAppellate Court of Illinois · 1904