Ryder v. Neitge
Supreme Court of Minnesota
Complaint, that on December 21, 1871, at St. Paul, the plaintiff was carrying on the business of purchasing venison for the Eastern markets ; that defendant, with knowledge of' plaintiff’s business, then and there brought to him seventy-eight saddles of venison, of the weight of 4,850 pounds, and represented that the same were properly dressed and prepared for shipment to said markets ; that he had fattened the deer from which the same were cut, and that for these-reasons…
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Complaint, that on December 21, 1871, at St. Paul, the plaintiff was carrying on the business of purchasing venison for the Eastern markets ; that defendant, with knowledge of' plaintiff’s business, then and there brought to him seventy-eight saddles of venison, of the weight of 4,850 pounds, and represented that the same were properly dressed and prepared for shipment to said markets ; that he had fattened the deer from which the same were cut, and that for these-reasons the same Avere of extra quality; that such saddles were then covered with skins, and frozen solid, by reason whereof the…
1Opinion of the CourtBerry, J.
The plaintiff contends that the court below erred in instructing the jury that there was no question of" warranty in this case, and that the action was founded on-deceit, which must be shown to entitle him to recover ; and also, in refusing to instruct that he was entitled to recover,, upon proof of either warranty or deceit. As it is clear that the complaint states a cause of action for deceit, it is not. important, in the view which we take, to enquire whether it. also declares for a breach of warranty. If there was no-evidence in the case tending to make out a Avarranty, as-claimed to be…
2Cases cited1 opinion
- Moses v. MeadCourt for the Trial of Impeachments and Correction of Errors · 1845
3Cited by6 opinions
- Lukens v. FreiundSupreme Court of Kansas · 1882
- Reynolds v. PalmerU.S. Circuit Court for the District of Western North Carolina · 1884
- Hanson v. HartseSupreme Court of Minnesota · 1897
- Briggs v. HuntonSupreme Judicial Court of Maine · 1895
- Swank v. BattagliaOregon Supreme Court · 1917
1 more not listed; retrieve them via the Exa API.