Kitowski v. Thompson Yards, Inc.
Supreme Court of Minnesota
Action in the district court for Stearns county to recover $4,291.60 for breach of warranty in a sale of cement. The history of the case is given at the beginning of the opinion.
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Action in the district court for Stearns county to recover $4,291.60 for breach of warranty in a sale of cement. The history of the case is given at the beginning of the opinion. The case was tried' before Eoeser, J., who at the close of the testimony denied defendant’s motion that plaintiff be required to elect as to whether he relied on an implied warranty or an express warranty, and defendant’s motion for a directed verdict for $603.84, and a jury which returned a verdict for $2,621. From an order denying its motion for judgment notwithstanding the, verdict or for a new trial, defendant…
1Opinion of the CourtBrown, C. J.
In the purchase of material for the construction of a large factory building on his premises plaintiff applied to defendant for a supply of the necessary quantity of cement for use in the walls and floor of the structure., Negotiations resulted in the purchase from defendant of the required quantity, and it was subsequently delivered upon the premises of plaintiff and used for the purposes stated. After the construction had come well under way, the main floor and parts of the walls were found weak, defective and inadequate by reason of the fact, as claimed by plaintiff, that the cement used…
2Cases cited5 opinions
- Liljengren Furniture & Lumber Co. v. MeadSupreme Court of Minnesota · 1890
- Detwiler v. DownesSupreme Court of Minnesota · 1912
- City of Winona v. JacksonSupreme Court of Minnesota · 1904
- Carli v. Seymour, Sabin & Co.Supreme Court of Minnesota · 1879
- Hydraulic-Press Brick Co. v. Haynes Bread Co.Supreme Court of Minnesota · 1915
3Cited by6 opinions
- Bekkevold v. PottsSupreme Court of Minnesota · 1927
- Robertson Lumber Co. v. Stephen Farmers Cooperative Elevator Co.Supreme Court of Minnesota · 1966
- Marxen v. MeredithSupreme Court of Iowa · 1955
- Baumgartner v. GlesenerSupreme Court of Minnesota · 1927
- Riviera Imports, Inc. v. Anderson Used Cars, Inc.Supreme Court of Minnesota · 1964
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