King v. Nichols & Shepard Co.
Supreme Court of Minnesota
Appeal by defendant, Nichols & Shepard Co., a corporation, from an order of the District Court of Mower County, John Q. Farmer, J., made July 18, 1892, denying its motion for a new trial. On September 20, 1890, at Dexter, Minnesota, the defendant sold to the plaintiff, Benjamin F. King, a second-hand portable steam engine and separator for threshing and cleaning grain for $1,212, and warranted them to be well made and in good repair and condition.
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Appeal by defendant, Nichols & Shepard Co., a corporation, from an order of the District Court of Mower County, John Q. Farmer, J., made July 18, 1892, denying its motion for a new trial. On September 20, 1890, at Dexter, Minnesota, the defendant sold to the plaintiff, Benjamin F. King, a second-hand portable steam engine and separator for threshing and cleaning grain for $1,212, and warranted them to be well made and in good repair and condition. Plaintiff had not seen the engine or separator when he bought them. They were afterwards shipped to him, but were found to be out of repair and…
1Opinion of the CourtGileillan, C. J.
The complaint is good. It alleges a contract to put the machine 'in good repair and condition; a failure to do so; that it was broken in several parts, defective, and out of repair; and what it would- cost to put it in the repair and condition which defendant had agreed to put it in. If the defects in the condition of it were not alleged specifically enough to enable defendant to prepare to try the issue, its proper course was by motion to require the complaint to be made more definite and certain in those particulars. The assignments of error and the objections to evidence, based on the…
2Cases cited2 opinions
- Jefferson v. AschSupreme Court of Minnesota · 1893
- Gilbert v. ThompsonSupreme Court of Minnesota · 1869
3Cited by15 opinions
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- Dover Lumber Co. v. CaseIdaho Supreme Court · 1918
- City of Charles City v. RasmussenSupreme Court of Iowa · 1929
- Simons v. WittmannMissouri Court of Appeals · 1905
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