Avery Planter Co. v. Peck
Supreme Court of Minnesota
Action in the district court for Goodhue county to recover $825 and interest on promissory notes. The case was tried before Williston, J., and a jury, which rendered a verdict in favor of defendant. From an order denying a motion for judgment notwithstanding the verdict or for a new trial, plaintiff appealed.
1Opinion of the CourtBrown, J.
This action is to recover upon two promissory notes heretofore made and delivered to plaintiff by defendant. The notes were given in payment of the purchase price of a threshing-machine outfit purchased of plaintiff July 15, 1898; and defendant sets up in defense that the machine was sold under a warranty, a breach thereof, and a rescission of the contract. Defendant had a verdict in the court below, and plaintiff appeals from an order denying a new trial.
Several questions are presented by the record, and were argued by counsel; but, as the case must be disposed of on the ground that the…
2Cases cited4 opinions
- Peterson v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1887
- C. Aultman & Co. v. OlsonSupreme Court of Minnesota · 1890
- Ermentrout v. American Fire InsuranceSupreme Court of Minnesota · 1895
- Nichols & Shepard Co. v. HackneySupreme Court of Minnesota · 1900
3Cited by7 opinions
- Oil Workers International Union, Local No. 463 v. Texoma Natural Gas Co.Court of Appeals for the Fifth Circuit · 1944
- Avery Planter Co. v. PeckSupreme Court of Minnesota · 1902
- Larson v. Minneapolis Threshing Machine Co.Supreme Court of Minnesota · 1904
- American Seeding Machine Co. v. HolzbauerSupreme Court of Minnesota · 1912
- Geiser Mfg. Co. v. CassellCourt of Appeals for the Eighth Circuit · 1909
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