Tunell v. D. M. Osborne & Co.
Supreme Court of Minnesota
Appeal by defendant (a corporation) from an order of the district court for Freeborn county, Farmer, J., presiding, refusing a new trial. The action was brought, in October, 1882, for breach of warranty on the sale of a self-binding harvester in July, 1878. The warranty is set forth in the opinion.
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Appeal by defendant (a corporation) from an order of the district court for Freeborn county, Farmer, J., presiding, refusing a new trial. The action was brought, in October, 1882, for breach of warranty on the sale of a self-binding harvester in July, 1878. The warranty is set forth in the opinion. In his complaint the plaintiff alleges that the maichine was worthless for the purpose for which it was sold to him, whereby he was damaged in the sum of $300, for which he asks judgment. The defendant, in its answer, denies any breach of warranty, alleges that the plaintiff never returned or…
1Opinion of the CourtDickinson, J.
Prior to the harvest of 1878, the plaintiff purchased of the defendant a self-binding harvesting machine, known as the “Osborne Self-binder,” for the agreed price of $310, $100 of which was paid at the time of the sale. As a part of the transaction the following warranty and agreement was executed by the defendant and delivered to the plaintiff:
“All our machines are warranted to be well built, of good material, and capable of cutting, if properly managed, from ten to fifteen acres per day. If, on starting a machine, it should in any way prove defective, and not work well, the purchaser shall…
2Cases cited3 opinions
- Mandel v. ButtlesSupreme Court of Minnesota · 1875
- Aultman, Miller & Co. v. TheirerSupreme Court of Iowa · 1872
- McCormick & Bro. v. DunvilleSupreme Court of Iowa · 1873
3Cited by7 opinions
- Kingman & Co. v. WatsonWisconsin Supreme Court · 1897
- Inland Products Corp. v. Donovan Inc.Supreme Court of Minnesota · 1953
- Maxwell v. LeeSupreme Court of Minnesota · 1886
- Flatt v. D. M. Osborne & Co.Supreme Court of Minnesota · 1885
- D. M. Osborne & Co. v. McQueenWisconsin Supreme Court · 1886
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