Nichols, Shepard & Co. v. Knowles
Supreme Court of Minnesota
Plaintiff (a corporation) brought this action in the district court for Bamsey county, upon two promissory notes, given as part of the purchase price of a steam-engine. The defendant pleaded, as a counterclaim, damages for a breach of warranty on the sale. The place of trial was changed to Dakota county, where the action whs tried before McGluer, J., and a jury, and defendant had a verdict. Plaintiff appeals from an order refusing a new trial.
1Opinion of the CourtBerry, J.
This is an action upon two notes given for part of the price of a steam thresher engine, sold by plaintiff to defendant, with the following warranty, viz.: “This engine is ordered, purchased, and sold subject to the following express warranty and agreement, viz.: That the said engine is well made and of good materials, and, if *490properly run and fired, and rightly managed, is capable of developing the full power at which it is rated by its makers, conditioned that upon starting this engine the undersigned purchasers shall intelligently follow the printed hints, rules, and directions of the…
2Cited by8 opinions
- Fahey v. Esterley Machine Co.North Dakota Supreme Court · 1893
- Kingman & Co. v. WatsonWisconsin Supreme Court · 1897
- Karalis v. AgnewSupreme Court of Minnesota · 1910
- J. I. Case Threshing Machine Co. v. EbbighausenNorth Dakota Supreme Court · 1903
- J. I. Case Threshing Machine Co. v. VennumSupreme Court Of The Territory Of Dakota · 1885
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