Segerstrom v. Swenson
Supreme Court of Minnesota
Action in the district court for Clay county to recover $142.18, the balance due on a note and conditional sale contract for the purchase of a piano. The case was tried before Taylor, J., and a jury which rendered a verdict in favor of plaintiff for $13.50. From an order denying a motion for judgment notwithstanding the verdict or for a new trial, plaintiff appealed.
1Opinion of the CourtJaggard, J.
Plaintiff brought an action to recover a balance due on a note and conditional sale contract for the purchase of a piano. Defendant’s answer admitted the execution and delivery of the note and contract *116and undertook to set up a warranty, breach of warranty, and' part payment. The part of that answer immediately involved is as follows: “That at the time of the purchase of said piano and the giving of said note plaintiff represented and warranted the same to be in every respect a first-class instrument, in good repair, although not entirely new, but as good as a new piano, except as to the…
2Cases cited3 opinions
- Hoe v. . SanbornNew York Court of Appeals · 1860
- Plano Manufacturing Co. v. RichardsSupreme Court of Minnesota · 1902
- Torkelson v. JorgensonSupreme Court of Minnesota · 1881
3Cited by3 opinions
- Despatch Oven Co. v. RauenhorstSupreme Court of Minnesota · 1949
- Rickards v. Aultman & Taylor Machinery Co.Montana Supreme Court · 1922
- Riviera Imports, Inc. v. Anderson Used Cars, Inc.Supreme Court of Minnesota · 1964