D. M. Osborne & Co. v. Marks
Supreme Court of Minnesota
Plaintiff (a corporation) brought this action in the district court for Lyon county, upon a promissory note given in part-payment for a harvester and binder. The answer admitted the making and delivery of the note, and, as a counterclaim, pleaded damages from an alleged breach of a written warranty made on the sale of the machine. The facts and evidence are stated in the opinion.
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Plaintiff (a corporation) brought this action in the district court for Lyon county, upon a promissory note given in part-payment for a harvester and binder. The answer admitted the making and delivery of the note, and, as a counterclaim, pleaded damages from an alleged breach of a written warranty made on the sale of the machine. The facts and evidence are stated in the opinion. Upon the trial, before Webber, J., and a jury, the defendant had a verdict of “no cause of action.” Plaintiff appeals from an order refusing a new trial.
1Opinion of the CourtGilfillan, C. J.
Action on a promissory note for $125, dated July 19, 1880, due November 1, 1882. Answer: that the note, with two *58others which have been paid, to the amount of $212.03, were given for the price of a harvester and binder, sold July 19, 1880, by plaintiff to defendant, with this written warranty: “All our machines are warranted to be well built, of good material, and capable of cutting, if properly managed, from 10 to 15 acres per day. If, on starting a machine, it should in any way prove defective and not work well, the-purchaser shall give prompt notice to the agent from whom he purchased it,…
2Cited by10 opinions
- Herbrand Co. v. Lackawanna Steel Co.Court of Appeals for the Sixth Circuit · 1922
- Fairbanks v. . Supply Co.Supreme Court of North Carolina · 1915
- Inland Products Corp. v. Donovan Inc.Supreme Court of Minnesota · 1953
- Fairbanks, Morse & Co. v. Twin City Supply Co.Supreme Court of North Carolina · 1915
- Durbin v. DenhamOregon Supreme Court · 1922
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