[DOWNLOAD] "Menici v. Orton Crane & Shovel Co." by Supreme Court of Minnesota # Book PDF Kindle ePub Free

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eBook details

• Title: Menici v. Orton Crane & Shovel Co.
• Author : Supreme Court of Minnesota
• Release Date : January 30, 1934
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 68 KB

Description

DONAHUE, Justice. The plaintiff purchased a gasoline operated shovel from the defendant on a conditional sales agreement. After the defendant had sued this plaintiff on certain promissory notes given by him in payment for the shovel, the plaintiff brought the present action which is described in the writ as an action of contract or tort. The two actions were tried together before a Judge of the Superior Court sitting without a jury. The plaintiffs declaration, as it was during the trial, alleged in its first count the breach by the defendant of a warranty that the shovel was suitable and fit for excavation, and in the second count fraudulent representations as to the shovel. The trial Judge found for the present defendant in its action on the promissory notes for the full amount of the notes and interest. He found for the plaintiff in the present action for $3,500 on the first count of the declaration and for the defendant on the second count.

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