Detwiler v. Downes
Supreme Court of Minnesota
Action in the district court for Dakota county to recover $492 upon a promissory note. The substance of the answer is stated in the-opinion. The case was tried before Johnson, J., who directed a verdict in favor of plaintiff for $521. Erom an order denying defendants’ motion for a new trial, they appealed.
1Opinion of the CourtHolt, J.
Action on a promissory note and open account, to which was in*45terposed a counterclaim for special damages resulting from alleged breach of contract in the sale of a portable sawmill. At the close of the trial the court struck out all testimony relating to the counterclaim, and directed the jury to return a verdict for the conceded amount due on plaintiffs’ demand. From the order denying a new trial, defendants appeal.
The answer alleged, as to matters here material, that plaintiffs sold defendants a portable sawmill in September, 1909, under a written warranty that the same was of good…
2Cases cited3 opinions
- Avery Planter Co. v. PeckSupreme Court of Minnesota · 1902
- McCormick Harvesting Machine Co. v. FieldsSupreme Court of Minnesota · 1903
- Larson v. Minneapolis Threshing Machine Co.Supreme Court of Minnesota · 1904
3Cited by13 opinions
- Soo Line Railroad Company v. Fruehauf CorporationCourt of Appeals for the Eighth Circuit · 1977
- E. F. Elmberg Co. v. Dunlap Hardware Co.Court of Appeals of Texas · 1921
- Fairbanks v. . Supply Co.Supreme Court of North Carolina · 1915
- Inland Products Corp. v. Donovan Inc.Supreme Court of Minnesota · 1953
- Northwest Perfection Tire Co. v. Perfection Tire Corp.Washington Supreme Court · 1923
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