Wyckoff v. Horan
Supreme Court of Minnesota
Appeal by plaintiffs from an order of the municipal court of Minneapolis, refusing a new trial, after trial by the court without a jury.
1Opinion of the CourtMitchell, J.
Action for balance due on purchase price of a Kem-ington type-writer. The answer set up, as a counterclaim, damages for breach of warranty. The court assessed her damages at $70. The warranty was admitted in the reply, and a breach of it is sufficiently established by the evidence, so that the only question is whether the damages were excessive. The contention of appellants is that the evidence conclusively shows that the Eemington type-writers are all made by machinery, each part being interchangeable in all machines of the same style; that the defects complained of in this machine applied…
2Cases cited4 opinions
- Melby v. D. M. Osborne & Co.Supreme Court of Minnesota · 1885
- Barnett v. St. Anthony Falls Water-Power Co.Supreme Court of Minnesota · 1885
- D. M. Osborne & Co. v. CarpenterSupreme Court of Minnesota · 1887
- D. M. Osborne & Co. v. HuntingtonSupreme Court of Minnesota · 1887
3Cited by3 opinions
- Pioneer Electric Co. v. McCurdySupreme Court of Minnesota · 1922
- Benson v. Port Huron Engine & Thresher Co.Supreme Court of Minnesota · 1901
- Peoples State Bank v. RandbySupreme Court of Minnesota · 1924