Pemberton v. Dean
Supreme Court of Minnesota
Action in the district court for Ramsey county to recover $5,000 damages for breach of warranty on the sale of an emery wheel. The case was tried before Otis, J., who dismissed the action upon the close of plaintiff’s testimony’. From an order denying a motion for a new trial, plaintiff appealed. Affirmed. The case of Schubert v. J. R. Clark Co., 49 Minn. 331, is decisive of the case at bar.
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Action in the district court for Ramsey county to recover $5,000 damages for breach of warranty on the sale of an emery wheel. The case was tried before Otis, J., who dismissed the action upon the close of plaintiff’s testimony’. From an order denying a motion for a new trial, plaintiff appealed. Affirmed. The case of Schubert v. J. R. Clark Co., 49 Minn. 331, is decisive of the case at bar. Appellant pleads an express warranty, and there is no other warranty or representation or statement suggested in the evidence than the placard attached to the wheel. Appellant must, therefore, recover…
1Opinion of the CourtBrown, J.
Action to recover damages for the breach of a warranty alleged to have been given on the sale by defendants to plaintiff of a certain emery wheel. The court below dismissed the action at the trial, and plaintiff appealed from an order denying a new trial.
*62The facts are as follows: At the time stated in the complaint, and for a number of years prior thereto, plaintiff was, and had been, engaged in the business of blacksmithing, in and about which business it was necessary to make use of an emery wheel for the purpose of sharpening tools. On October 1, 1901, he purchased of defendants such a…
2Cited by11 opinions
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- Courtesy Ford Sales, Inc. v. FarriorCourt of Civil Appeals of Alabama · 1974
- Saunders v. CowlSupreme Court of Minnesota · 1938
- Underwood v. Coburn Motor Car Co.Supreme Court of North Carolina · 1914
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