J. L. Owens Co. v. O'Keeffe
Supreme Court of Minnesota
Action in the district court for Hennepin county against the persons doing business as tlie Sharon Milling Company to recover $493.84 for a grain cleaner and equipment sold to defendants.
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Action in the district court for Hennepin county against the persons doing business as tlie Sharon Milling Company to recover $493.84 for a grain cleaner and equipment sold to defendants. The answer alleged that the machine wholly failed to clean wheat in accordance with the written warranty, part of which is quoted in the second paragraph of the opinion, and after plaintiff had many times attempted to make the machine work, defendants recrated it and shipped it to plaintiff at Minneapolis. The ease was tried before Fish, J., who at the close of the testimony denied motions for directed…
1Opinion of the CourtHallam, J.
On August 19, 1915, plaintiff, located at Minneapolis, Minnesota, contracted to sell to defendant, grain buyers and millers at Sharon, North Dakota, a grain cleaner and separator manufactured by plaintiff. The machine was to be shipped from Minneapolis to Sharon. By the terms of the contract defendant agreed "to pay freight and receive this shipment upon its arrival.” The terms were "cash after thirty days’ trial.”
The contract contained the following "guarantees:” 1st, "that the *277machine * * * will separate an average mixture of wild and tame oats in good No. 1 or 2 wheat to y2 lb. to the…
2Cases cited4 opinions
- Philadelphia Whiting Co. v. Detroit White Lead WorksMichigan Supreme Court · 1885
- W. W. Kimball Co. v. MasseySupreme Court of Minnesota · 1914
- Beal v. Minneapolis Threshing Machine Co.Missouri Court of Appeals · 1900
- Evenson v. Keystone Manufacturing Co.Supreme Court of Minnesota · 1901
3Cited by3 opinions
- Inland Products Corp. v. Donovan Inc.Supreme Court of Minnesota · 1953
- Union Pipe & MacHinery Ltd. v. Luria Steel & Trading Corporation, Luria Steel & Trading Corporation, Cross-Appellant v. Union Pipe & MacHinery Ltd., Cross-AppelleeCourt of Appeals for the Sixth Circuit · 1955
- Union Pipe & Machinery, Ltd. v. Luria Steel & Trading Corp.Court of Appeals for the Sixth Circuit · 1955