Mulcahy v. Dieudonne
Supreme Court of Minnesota
Action in tbe district court for Waseca county to recover $1,700, the value of a threshing engine. The case was tried before Buckham, J., and a jury which rendered a verdict in favor of plaintiffs for $1,600. From an'order denying their motion for a new trial, defendants appealed.
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Action in tbe district court for Waseca county to recover $1,700, the value of a threshing engine. The case was tried before Buckham, J., and a jury which rendered a verdict in favor of plaintiffs for $1,600. From an'order denying their motion for a new trial, defendants appealed. Defendants and appellants, retail dealers, on October 12, 1903, entered into a written agreement with the plaintiffs and respondents for the purchase by plaintiffs of a separator and gasolene engine. Plaintiffs gave notes for the agreed price, $2,600. The separator was retained. No controversy arose with respect to…
1Opinion of the CourtJaggakd, J.
(after stating the facts as above).
1. One question presented by the assignments of error is whether plaintiffs’ present cause of action is barred by their • election in the first action to affirm the contract and to recover damages for the breach of warranty. No such defense was expressly asserted in the answer. It is not here involved, unless it was litigated voluntarily. The summons and complaint in the first' action and its dismissal was admitted in evidence in course of the cross-examination of one of the plaintiffs. At the close of plaintiffs’ case, defendant moved to dismiss, inter…
2Cases cited23 opinions
- Duplex Safety Boiler Co. v. . GardenNew York Court of Appeals · 1886
- Fuller-Warren Co. v. HarterWisconsin Supreme Court · 1901
- Church v. ShanklinCalifornia Supreme Court · 1892
- McCormick Harvesting Machine Co. v. ChesrownSupreme Court of Minnesota · 1884
- McGrath v. CannonSupreme Court of Minnesota · 1893
18 more not listed; retrieve them via the Exa API.
3Cited by38 opinions
- Atcas v. Credit Clearing Corporation of AmericaSupreme Court of Minnesota · 1972
- Bogart v. HesterNew Mexico Supreme Court · 1959
- Hamlin MacHine Co. v. Holtite Mfg. Co.Court of Appeals of Maryland · 1976
- Harless v. EwingNew Mexico Court of Appeals · 1970
- Buss v. WachsmithWashington Supreme Court · 1937
33 more not listed; retrieve them via the Exa API.