Legal Opinion

McCormick Harvesting Machine Co. v. Volkert

Supreme Court of Minnesota

Decided December 3, 1900No. Nos. 12,173—(42)PublishedCited by 2 opinions

Appeal by defendant from an order of the district court for Dakota county, Crosby, J., denying a motion for a new trial.

1Opinion of the CourtStart, C. J.

This action was brought to recover $120 and interest, the purchase price of a harvester and binder sold and delivered by plaintiff to the defendant. The answer admitted the sale, but alleged, in substance and legal effect, that the machine was warranted, and *435that in case it did not fulfil tbe conditions of the warranty the defendant had a right to return it; that it did not comply with the warranty, and he returned it accordingly. The reply admitted that the machine was warranted, but put in issue the other allegations of the answer. Trial and verdict for the defendant, and plaintiff appealed…

2Cited by2 opinions

  1. Hubbard v. Montgomery Ward Co. Inc.Supreme Court of Minnesota · 1945
  2. Schmit v. Village of Cold SpringSupreme Court of Minnesota · 1943

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