Legal Opinion

Avery Planter Co. v. Peck

Supreme Court of Minnesota

Decided April 18, 1902No. Nos. 13,027-(45)PublishedCited by 10 opinions

Appeal by defendant from an order of the district court for Goodhue county, Williston, J., denying a motion for a new trial.

1Opinion of the CourtLewis, J.

1. A statement of the facts in this case will be found in the •opinion filed on a former appeal. 80 Minn. 519, 83 N. W. 455, 1083. It was there decided that, for failure to make the tests •and serve the notices provided in the contract, plaintiff had no right of rescission. But on reargument it was held that there was sufficient evidence to submit to the jury the question whether the contract had not been rescinded in fact by a return of the machine by the purchaser, and an acceptance thereof by the seller.

The evidence offered by defendant on the second trial tending to show rescission was…

2Cases cited2 opinions

  1. Rowell v. OlesonSupreme Court of Minnesota · 1884
  2. Avery Planter Co. v. PeckSupreme Court of Minnesota · 1900

3Cited by10 opinions

  1. Nave v. PowellIndiana Court of Appeals · 1911
  2. Nunn v. BrillhartTexas Commission of Appeals · 1922
  3. Advance-Rumely Thresher Co. v. TerpeningMontana Supreme Court · 1920
  4. Detwiler v. DownesSupreme Court of Minnesota · 1912
  5. Larson v. Minneapolis Threshing Machine Co.Supreme Court of Minnesota · 1904

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