D. M. Osborne & Co. v. Poket
Supreme Court of Minnesota
Action upon a promissory note, brought by plaintiff (a corporation) in the district court for Hennepin county. The answer admits the cause of action in the complaint, but alleges, as a counterclaim, that the note sued upon was given as part of the purchase price of a harvesting machine, sold by the plaintiff to the defendant with an agreement on the part of plaintiff to set it up, to run, operate and test it for one entire day, and to put it in first-class working order…
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Action upon a promissory note, brought by plaintiff (a corporation) in the district court for Hennepin county. The answer admits the cause of action in the complaint, but alleges, as a counterclaim, that the note sued upon was given as part of the purchase price of a harvesting machine, sold by the plaintiff to the defendant with an agreement on the part of plaintiff to set it up, to run, operate and test it for one entire day, and to put it in first-class working order to-enable defendant to cut and bind his grain during the harvest then in progress; that plaintiff set up the machine, but…
1Opinion of the CourtMitchell, J.
The cause of action set up in the answer by way of counterclaim is a breach of plaintiff’s agreement to put a harvester in first-class order, for the purpose of enabling defendant to cut and bind his grain therewith. The only damage alleged is “loss of crops” by reason of not having the machine in condition to cut and save the same. Defendant bought the machine from the plaintiff, and the agreement referred to was made at the time of the purchase. It was substantially an agreement to do what vendors of such machines are accustomed to do, viz., to set them up and start them in working order.…
2Cited by10 opinions
- Lowe v. TurpieIndiana Supreme Court · 1896
- Kellogg v. MalickWisconsin Supreme Court · 1905
- Hayes v. CooleyNorth Dakota Supreme Court · 1904
- Irving v. OrtIndiana Court of Appeals · 1957
- Morris v. TaylorWest Virginia Supreme Court · 1912
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