Legal Opinion

Larson v. Minneapolis Threshing Machine Co.

Supreme Court of Minnesota

Decided April 29, 1904No. Nos. 13,804—(25)PublishedCited by 9 opinions

Action in the district court for Hennepin county to recover $1,083.83' for breach of warranty on the sale of threshing machinery. The case was tried before Brooks, J., who dismissed the action upon the conclusion of plaintiff’s testimony. From an order denying a motion for a new trial, plaintiff appealed.

1Opinion of the CourtLovely, J.

This appeal is from a judgment for defendant entered upon an order of the trial court dismissing the action at the close of plaintiff’s evidence.

Plaintiff bargained with defendant for a threshing machine outfit, giving in exchange an old machine and notes. The outfit was received at the place of delivery, the old machine was turned over, and the notes provided for delivered. It is claimed that, when the new outfit arrived, plaintiff was dissatisfied, and entered into a further arrangement with the sales agent (one Mill) whereby he was permitted to accept the machine on trial, and, if it…

2Cases cited2 opinions

  1. Avery Planter Co. v. PeckSupreme Court of Minnesota · 1902
  2. Avery Planter Co. v. PeckSupreme Court of Minnesota · 1900

3Cited by9 opinions

  1. Advance-Rumely Thresher Co. v. TerpeningMontana Supreme Court · 1920
  2. Helvetia Copper Co. v. Hart-Parr Co.Supreme Court of Minnesota · 1919
  3. Detwiler v. DownesSupreme Court of Minnesota · 1912
  4. Westbrook v. Reeves & Co.Supreme Court of Iowa · 1907
  5. Westby v. J. I. Case Threshing Machine Co.North Dakota Supreme Court · 1911

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