Doornbos v. Thomas
Montana Supreme Court
Appeal from District Court, Gallatin County; B. B. Law, Judge. Action by A. Doornbos against W. L. Thomas and others. Judgment for plaintiff, and defendants appeal from it and an order denying a new trial.
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Appeal from District Court, Gallatin County; B. B. Law, Judge. Action by A. Doornbos against W. L. Thomas and others. Judgment for plaintiff, and defendants appeal from it and an order denying a new trial. According to the allegations of the complaint, there were an-even 100 acres sown with this alleged defective drill, and they yielded an average of 19.32 bushels to the acre.- It will further-be noted from the evidence of plaintiff himself that all of this 100 acres, except fifteen or eighteen acres, were sown with the drill after he knew it was defective and before any steps whatever had…
1Opinion of the CourtChief Justice Brantly
This action was brought against the defendants, as copart-ners under the firm name of the Gallatin Valley Trading Company, to recover damages for an alleged breach of warranty of the quality of a seed drill sold by them to plaintiff on September 1, 1911. The warranty is alleged in the complaint as follows: “That the defendants sold and delivered to the plaintiff one Peoria drill, which the defendants warranted to the plaintiff to be * * * reasonably fit and suitable for the purpose of properly sowing the divers and sundry kinds of grains— wheat, oats, rye and the like.” The complaint alleges…
2Cases cited11 opinions
- Waite v. Shoemaker & Co.Montana Supreme Court · 1915
- Cummings v. Reins Copper Co.Montana Supreme Court · 1910
- Luitweiler Pumping Engine Co. v. Ukiah Water & Improvement Co.California Court of Appeal · 1911
- Houser & Haines Manufacturing Co. v. McKayWashington Supreme Court · 1909
- Mundt v. SimpkinsNebraska Supreme Court · 1908
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3Cited by11 opinions
- Buhler v. LoftusMontana Supreme Court · 1917
- Stokes v. LongMontana Supreme Court · 1916
- Parsons v. RiceMontana Supreme Court · 1928
- McCarthy v. Employers' Fire InsuranceMontana Supreme Court · 1934
- Advance-Rumely Thresher Co. v. TerpeningMontana Supreme Court · 1920
6 more not listed; retrieve them via the Exa API.