Legal Opinion

Pullen v. Wright

Supreme Court of Minnesota

Decided December 4, 1885PublishedCited by 4 opinions

Appeal by defendant from a judgment of the municipal court of Minneapolis. The action was tried by a jury, and at the close of the testimony, a verdict was directed for plaintiffs for the amount claimed in the complaint.

1Opinion of the CourtYanderburgh, J.

The action is brought upon a promissory note, representing a part of the purchase price of a stock of goods. The answer sets up a counterclaim, alleging a warranty by plaintiffs of the quality of the goods, including certain articles specifically mentioned, and also alleging a breach and damages. The reply undertakes to deny certain parts and allegations of the answer specifically, and also contains a general denial.

The attempted specific denials of the warranty are insufficient. For example, conjunctive allegations are denied conjunctively. Thus, the plaintiffs say: “They deny that they…

2Cases cited2 opinions

  1. State v. ParrantSupreme Court of Minnesota · 1870
  2. Benton v. SchulteSupreme Court of Minnesota · 1883

3Cited by4 opinions

  1. Hartwig v. Loyal Order of Moose, Brainerd Lodge No. 1246Supreme Court of Minnesota · 1958
  2. German-American Bank v. WhiteSupreme Court of Minnesota · 1888
  3. Nunnemacker v. JohnsonSupreme Court of Minnesota · 1888
  4. Lund v. GillmanSupreme Court of Minnesota · 1939

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