Paulson v. D. M. Osborne & Co.
Supreme Court of Minnesota
The plaintiffs purchased of the defendant (a corporation) a harvester and binder, with the agreement that if the machine did not work well, the plaintiffs might return it and rescind the sale. Upon the purchase the plaintiffs paid part of the price in cash, and gave their notes for the balance. Afterwards the defendant sold, transferred and indorsed the notes, before maturity, to a third person, who has recovered judgment upon them.
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The plaintiffs purchased of the defendant (a corporation) a harvester and binder, with the agreement that if the machine did not work well, the plaintiffs might return it and rescind the sale. Upon the purchase the plaintiffs paid part of the price in cash, and gave their notes for the balance. Afterwards the defendant sold, transferred and indorsed the notes, before maturity, to a third person, who has recovered judgment upon them. The plaintiffs, alleging that the machine did not work well, and that they returned it and rescinded the sale, brought this action in the district court for Otter…
1Opinion of the CourtMitchell, J.
It was admitted on the trial in the court below that the plaintiffs had a right to rescind the sale, and return the machine; the only issues being as to whether they had returned it at the proper place, and given defendants prompt notice of the fact. The evidence on the first question is not materially different from what it was when the ease was here on a former appeal, (35 Minn. 90; 27 N. W. Rep. 203,) when we held that, under the circumstances, it was a compliance with their contract for plaintiffs to return the machine to the railroad warehouse at Deer Creek, the place where it was…
2Cases cited1 opinion
- Paulson v. D. M. Osborne & Co.Supreme Court of Minnesota · 1886
3Cited by6 opinions
- Canessa v. Kislak, Inc.New Jersey Superior Court Appellate Division · 1967
- In Re Estate of LichtensteinSupreme Court of New Jersey · 1968
- Milk Drivers, Local 680 v. Cream-O-Land DairyNew Jersey Superior Court Appellate Division · 1956
- State v. StocksdaleNew Jersey Superior Court Appellate Division · 1975
- McCormick Harvesting Machine Co. v. KnollNebraska Supreme Court · 1899
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