Paulson v. D. M. Osborne & Co.
Supreme Court of Minnesota
Appeal by defendant (a corporation) from an order of the district court for Otter Tail county, Baxter, J., presiding, refusing a new trial after a verdict for plaintiffs. The warranty relied upon by plaintiffs was contained in the “order” referred to in the opinion, and was in the following words, viz.: “All our machines are warranted to be well built, of good material, and capable of cutting, if properly managed, from ten to fifteen acres per day.
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Appeal by defendant (a corporation) from an order of the district court for Otter Tail county, Baxter, J., presiding, refusing a new trial after a verdict for plaintiffs. The warranty relied upon by plaintiffs was contained in the “order” referred to in the opinion, and was in the following words, viz.: “All our machines are warranted to be well built, of good material, and capable of cutting, if properly managed, from ten to fifteen acres per day. If, on starting a machine, it should in any way prove defective, and not work well, the purchaser shall give prompt notice to the agent of whom he…
1Opinion of the Court
Dickinson, J..
This action is for the recovery of the amount of two negotiable promissory notes, which the plaintiffs gave to. the defendant upon the purchase of a harvester. The defendant indorsed the notes to another party, who recovered judgment upon them against the plaintiffs. In selling the machine the defendant warranted it, in respect to quality and capability, and also agreed that if, on starting, it should in any way prove defective, and not work well, the purchasers should give prompt notice to the agent of whom they purchased it, and allow time for a person to be sent to put it in…
2Cases cited3 opinions
- Frohreich v. GammonSupreme Court of Minnesota · 1881
- Brierly v. MillsMassachusetts Supreme Judicial Court · 1880
- Moral School Township v. HarrisonIndiana Supreme Court · 1881
3Cited by4 opinions
- Sharples Separator Co. v. SkinnerCourt of Appeals for the Ninth Circuit · 1918
- Paulson v. D. M. Osborne & Co.Supreme Court of Minnesota · 1887
- Harris v. Simplex Tractor Co.Supreme Court of Minnesota · 1918
- Juergens v. ThomSupreme Court of Minnesota · 1888