Legal Opinion

Melby v. D. M. Osborne & Co.

Supreme Court of Minnesota

Decided July 1, 1885PublishedCited by 21 opinions

Plaintiff brought this action in the district court for Douglas county, to recover damages for an alleged breach of warranty made by defendant (a corporation) on the sale of a harvester and binder. Defendant appeals from an order by Collins, J., refusing a new trial, after a verdict for plaintiff.

1Opinion of the CourtVandebbuegh, J.

This action is for damages for breach of warranty of a harvesting machine, which was delivered to the plaintiff by defendants upon the following order made by plaintiff:

“Earl é Hanson, Fergus, Minn. — Sirs : You are hereby authorized to ship me at Ashby, on or before the 15th day of July, 1881, the following implement, viz., 1 Osborne H. & Binder, which I hereby agree to promptly receive under the following warranty, viz., that the said machine is of good material, properly constructed, and will do good work at all operations for which it is intended, with proper management. I will make…

2Cases cited1 opinion

Warner v. FischbachSupreme Court of Minnesota · 1882

3Cited by21 opinions

Nemo v. Local Joint Executive Board & Hotel & Restaurant Employees' Local No. 556Supreme Court of Minnesota · 1948
Hoxsie v. Empire Lumber Co.Supreme Court of Minnesota · 1889
People v. HammondMichigan Supreme Court · 1903
Lundgren v. Union Indemnity Co.Supreme Court of Minnesota · 1927
In Re Estate of DevenneySupreme Court of Minnesota · 1934

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