Palaniuk v. Allis-Chalmers Manufacturing Co.

Nuessle, Ch. J.

In August, 1923, the plaintiffs purchased a gasolene tractor from the defendant. The plaintiffs were farmers and contemplated using this tractor for plowing and threshing. The fact that they so intended to use it was known to the agent of the defendant who sold them the tractor. A written contract covering the sale Avas entered into by the parties. This contract was prepared by the defendant. The tractor was delivered. After using it for a few days the plaintiffs claimed that it was unsatisfactory and in the early part of September, 1923, advised the defendant to that effect.…