Thompson v. Libby
Supreme Court of Minnesota
After the decision of the former appeal in this action, (reported 34 Minn. 374,) the defendant amended his answer. This appeal was taken by defendant from an order of the district court for Dakota county, Crosby, J., presiding, sustaining a demurrer to the amended answer. The contract being executory, there was an implied warranty that the logs delivered should be merchantable.
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After the decision of the former appeal in this action, (reported 34 Minn. 374,) the defendant amended his answer. This appeal was taken by defendant from an order of the district court for Dakota county, Crosby, J., presiding, sustaining a demurrer to the amended answer. The contract being executory, there was an implied warranty that the logs delivered should be merchantable. McGlung v. Kelley, 21 Iowa, 508; Reed v. Randall, 29 N. Y. 358; Gallagher v. Waring, 9 Wend. 20; Howard v. Hoey, 23 Wend. 350, (35 Am. Dec. 572;) Misner v. Granger, 4 Gilm. (111.) 69; Babcock v. Trice, 18 111. 420, (68…
1Opinion of the CourtDickinson, J.
This is an appeal from an order sustaining a demurrer to the answer to the amended complaint. The action is for I the recovery of the price of logs sold by the plaintiff to the defendant. The defendant asserts as a counterclaim the breach of an implied warranty that the logs were of a merchantable quality. The *445case shown by the pleadings may be thus stated: The contract was in writing, signed by the parties, and was in the following terms:
“Hastings, Minn., June 1, 1883.
“I have this day sold to R. C. Libby, of Hastings, Minnesota, all my logs marked ‘H. C. A.,’ cut in the winters of 1882 and…
2Cases cited12 opinions
- Lingham v. EgglestonMichigan Supreme Court · 1873
- Gaylord Manufacturing Co. v. . AllenNew York Court of Appeals · 1873
- Locke v. WilliamsonWisconsin Supreme Court · 1876
- Hight v. BaconMassachusetts Supreme Judicial Court · 1878
- Cosgrove v. BennettSupreme Court of Minnesota · 1884
7 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Thompson v. LibbySupreme Court of Minnesota · 1886
- Day v. GravelSupreme Court of Minnesota · 1898
- Hurley-Mason Co. v. Stebbins, Walker & SpinningWashington Supreme Court · 1914
- Encyclopedia Press, Inc. v. HarrisSupreme Court of Minnesota · 1918
- Keller v. OberreichWisconsin Supreme Court · 1886
5 more not listed; retrieve them via the Exa API.