Vogel v. D. M. Osborne & Co.
Supreme Court of Minnesota
Plaintiff brought this action in the district court for Otter Tail county, to recover damages for a breach of warranty7 alleged to have been made by defendant (a corporation) upon a sale of a binder. The action was tried before Collins, J., and a jury, and plaintiff had a verdict. Defendant appeals from an order refusing a new trial.
1Opinion of the Court
Mitchell, J.1
Under the pleadings on which this action was tried, one of the material issues was whether defendants had sold to plaintiff a certain harvester and binder. The original answer, signed and verified by one of defendants’ attorneys of record, admitted this fact. An amended answer was subsequently interposed, which put the fact in issue. On the trial the court, against defendants’ objection and *168exception, admitted the original answer in evidence as an admission by them. No evidence was introduced to show that this admission was inserted in the original pleading with the knowledge, or…
2Cases cited2 opinions
- Ayres v. Hartford Fire InsuranceSupreme Court of Iowa · 1864
- Brown v. JewettMassachusetts Supreme Judicial Court · 1876
3Cited by27 opinions
- Paxton v. StateNebraska Supreme Court · 1899
- Stolte v. LarkinCourt of Appeals for the Eighth Circuit · 1940
- Miles v. StrongSupreme Court of Connecticut · 1896
- Stearns v. KennedySupreme Court of Minnesota · 1905
- Buehman v. SmelkerArizona Supreme Court · 1937
22 more not listed; retrieve them via the Exa API.