Legal Opinion

Wirth v. Fawkes

Supreme Court of Minnesota

Decided December 10, 1909No. Nos. 16,311—(112)PublishedCited by 4 opinions

Action in the district court for Hennepin county to recover $925, paid by plaintiff on tbe purchase price of an automobile. The answer set up a counterclaim for $611.82. The facts are stated in the opinion. The case was tried before Simpson, J., and a jury which returned a verdict in favor of defendant for $480.96. From an order denying plaintiff’s motion for a new trial, he appealed.

1Opinion of the CourtStart, C. J.

This action was brought in the district court of the county of Hennepin to recover from the defendant $925, which the complaint alleged the plaintiff had paid to the defendant on the purchase price of an electric automobile, which the defendant- agreed to sell to the plaintiff, and which was warranted to be perfect in every way and guaranteed to run twenty miles under one charge. The complaint further alleged, in effect, that the defendant, in an attempt to pei-form its part of the agreement, delivered to the plaintiff an electric automobile, and upon its being tested by the plaintiff it was…

2Cases cited6 opinions

  1. Mulcahy v. DieudonneSupreme Court of Minnesota · 1908
  2. McCormick Harvesting Machine Co. v. ChesrownSupreme Court of Minnesota · 1884
  3. Lynch v. CurfmanSupreme Court of Minnesota · 1896
  4. Langford v. County CommissionersSupreme Court of Minnesota · 1871
  5. Minneapolis Harvester Works v. BonnallieSupreme Court of Minnesota · 1882

1 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Luther v. Standard Conveyor Co.Supreme Court of Minnesota · 1958
  2. Fiterman v. J. N. Johnson & Co.Supreme Court of Minnesota · 1923
  3. Clifford v. StewartSupreme Court of Minnesota · 1922
  4. Union Indemnity Co. v. Home Trust Co.Court of Appeals for the Eighth Circuit · 1933

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