Smith v. Peterson

Tbe plaintiff bad verdict and judgment for $139.95 in an action on contract, and tbe appellant’s claim is *285tbat there is no evidence'to support tbe verdict as respects $100 of this amount, because tbat item represented tbe purchase of a United States cream separator by tbe defendant and there was a warranty tbat tbe separator would do good and satisfactory work, which tbe separator did not do. This machine was sold and delivered on June 24, 1904, and defendant produced evidence to show tbat tbe machine was used about two months thereafter and tbat it did not separate properly. He complained to…