Clark v. Gates
Supreme Court of Minnesota
Action in the district court for Olmsted county against defendants, Eva L. Gates and another, the heirs of Erford A. Gates, deceased, to recover $500 for breach of warranty on the sale of a stallion by decedent. The case was tried before Snow, J., and a jury, which rendered a verdict in favor oí defendants. From an order denying a motion for a new trial, plaintiff appealed.
1Opinion of the Court
LOVELY, .T.
Plaintiff purchased a stallion for breeding purposes of defendants’ testator. Subsequent to such sale the vendor died testate. His will was duly admitted to probate in Winona county. A time was fixed by the court for the presentation of claims against the estate, under the provisions of G. S. 1894, § 4511. After the time so fixed had expired, this action was commenced against the beneficiaries in testator’s will, to whom the property of the deceased had been distributed, to recover damages for a breach *382of warranty of the qualities of the horse as a foal getter, accompanied with…
2Cases cited5 opinions
- Hantzch v. MassoltSupreme Court of Minnesota · 1895
- Comstock v. MatthewsSupreme Court of Minnesota · 1893
- Lake Phalen Land & Improvement Co. v. LindekeSupreme Court of Minnesota · 1896
- Fitzhugh v. HarrisonSupreme Court of Minnesota · 1899
- State ex rel. Thompson v. Probate CourtSupreme Court of Minnesota · 1896
3Cited by7 opinions
- Stella Flour & Feed Corp. v. National City BankAppellate Division of the Supreme Court of the State of New York · 1954
- Keiper v. AndersonSupreme Court of Minnesota · 1917
- Estate of Boyd v. ThomasSupreme Court of Minnesota · 1925
- Klessig v. LeaSupreme Court of Minnesota · 1924
- Orth v. MehlhouseDistrict Court, D. Minnesota · 1929
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