Schmitt v. Ornes Esswein & Co.
Supreme Court of Minnesota
Action in the district court for Hennepin county to recover $2,176.03 for misrepresentations in the sale of an ice machine and to cancel promissory notes given defendant therefor. The case was tried before Molyneaux, J., who directed a verdict in favor of defendant for $347.35. From an order granting plaintiff’s motion for a new trial exclusively upon errors occurring at the trial, defendant appealed.
1Opinion of the Court
Lees, O.
This is an action for damages for defendant’s misrepresentations which induced plaintiff to enter into a written contract for the purchase of a *371second hand ice machine. There was a cash payment of $250 and notes for the remainder of the purchase price, one of them being paid May 25, 1919. Plaintiff conducted a meat market, keeping his meats in an icebox in which defendant set up the machine on or about May 1, 1919. It was designed to take the place of ice in maintaining the proper temperature for the preservation of meat. The complaint alleged that defendant had represented that the…
2Cases cited9 opinions
- Seitz v. Brewers' Refrigerating MacHine Co.Supreme Court of the United States · 1891
- Helvetia Copper Co. v. Hart-Parr Co.Supreme Court of Minnesota · 1917
- Meland v. YoungbergSupreme Court of Minnesota · 1914
- Humphrey v. SieversSupreme Court of Minnesota · 1917
- General Electric Co. v. O'ConnellSupreme Court of Minnesota · 1912
4 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Clements Auto Co. v. Service Bureau Corp.Court of Appeals for the Eighth Circuit · 1971
- Sterling Capital Advisors, Inc. v. HerzogCourt of Appeals of Minnesota · 1998
- Bareham & McFarland, Inc. v. KaneAppellate Division of the Supreme Court of the State of New York · 1930
- Automobile Ins. Co. v. Barnes-Manley Wet Wash Laundry Co.Court of Appeals for the Tenth Circuit · 1948
- Rosenquist v. BakerSupreme Court of Minnesota · 1948
8 more not listed; retrieve them via the Exa API.