Alsleben v. Oliver Corporation

Matson, Justice.

Appeal from an order denying defendant’s motion for a new trial.

Questions arise as to: (1) Plaintiff’s right to cross-examine a defendant in default as an adverse witness under Rule 43.02 of Rules of Civil Procedure; (2) whether issue of waiver was within the pleadings; and (3) whether the evidence sustains a finding of waiver.

Defendant Oliver Corporation, herein called Oliver, is a manufacturer of tractors and other farm machinery. Defendant Ed Zarnke, doing business as Ed’s Implement Company, is a retail farm implement dealer at Glencoe, Minnesota. During and prior to 1954…