Benson v. Port Huron Engine & Thresher Co.
Supreme Court of Minnesota
Action in the district court for Goodhue county to recover $2,000 damages for breach of warranty in a contract of sale of a traction thresher engine. The case was tried before Williston, J., and a jury, which rendered a verdict in favor of plaintiff for $755.37. From an order denying a motion for a new trial, defendant appealed.
1Opinion of the CourtLewis, J.
The plaintiff purchased from defendant a coal-burning traction engine, with a straw-burning attachment, at the agreed price of $1,750. The machine was warranted to be of first-class material, workmanship, and finish, and, if competently operated, was warranted to furnish as much power, and use as little fuel and water, as any other make of such engine in the world, all conditions being equal. This action is brought to recover damages for a breach of the warranty. A verdict was returned in favor of the plaintiff for the sum of $755.37, and defendant appeals from an order denying a motion for a…
2Cases cited2 opinions
- Melby v. D. M. Osborne & Co.Supreme Court of Minnesota · 1885
- Wyckoff v. HoranSupreme Court of Minnesota · 1888
3Cited by4 opinions
- Smith & Nixon Co. v. MorganCourt of Appeals of Kentucky · 1913
- Harris v. Simplex Tractor Co.Supreme Court of Minnesota · 1918
- International Harvester Co. of America v. AdamsSupreme Court of Georgia · 1910
- Peoples State Bank v. RandbySupreme Court of Minnesota · 1924