Olson v. Sullivan

Opinion by

MAXEY, C.

This class of cases has been before this court a number of times and the rule governing such eases is well established by the decisions of this court. There is no question from the testimony in this ease that the tractor wholly failed to perform the work that is required of a tractor to perform. It also shows that the defendant used a great deal of patience in trying to get the tractor to work, and that it was no fault of his( that it did not work. There is very little controversy about the testimony, and there is only one of the instructions of the court excepted to by…