Johnson v. Foley Milling & Elevator Co., No. 21841.
| Court | Supreme Court of Minnesota (US) |
| Writing for the Court | QUINN |
| Citation | 179 N.W. 488,147 Minn. 34 |
| Parties | JOHNSON v. FOLEY MILLING & ELEVATOR CO. |
| Docket Number | No. 21841. |
| Decision Date | 15 October 1920 |
147 Minn. 34
179 N.W. 488
JOHNSON
v.
FOLEY MILLING & ELEVATOR CO.
No. 21841.
Supreme Court of Minnesota.
Oct. 15, 1920.
Appeal from District Court, Benton County; John A. Roeser, Judge.
Action by Charles Johnson against the Foley Milling & Elevator Company. Verdict for plaintiff, and, from a denial of new trial, defendant appeals. Affirmed.
Upon a sale of seed wheat by a particular name, a warranty that the seed was of the kind named arises.
An instruction as to what will constitute a warranty that seed sold for seeding purposes is true to name, considered and held to be proper under the pleadings and proofs.
A purchaser of seeds under a warranty of kind, is entitled to recover for the breach of such warranty, the difference between the value of the crop raised from the seed furnished and that of a crop such as would ordinarily have been raised from the seed had it been of the kind as warranted.
[179 N.W. 488]
Paul Ahles and R. B. Brower, both of St. Cloud, for appellant.
J. D. Sullivan, of St. Cloud, for respondent.
QUINN, J.
Action to recover damages upon the ground of a breach of warranty as to the kind of wheat furnished by the defendant to the plaintiff, pursuant to a contract between them which contemplated that the wheat was to be used for seed upon plaintiff's farm. The contract was made orally, and, as claimed by the plaintiff, with a warranty on the part of the defendant that the wheat was ‘genuine Marquis wheat.’ There was a verdict for the plaintiff for $296. From an order denying its motion for a new trial defendant appealed.
The contract for the sale and purchase of the wheat was made under these circumstances: The defendant was engaged in the milling and grain business at Foley, and in the spring of 1915, procured a carload of wheat for sale to the farmers in that vicinity for seed. The plaintiff is a farmer residing near Foley.
Plaintiff contends, and there was evidence offered upon the trial to bear out such contention, that he saw in a local paper an advertisement to the effect that the defendant
[179 N.W. 489]
had Marquis seed wheat for sale; that he then sent his neighbor Benofski to defendant's place of business to procure for him 25 bushels of such wheat for seed upon his farm; that Benofski accordingly went to defendant's place and inquired of its manager, Mr. Feddema, what kind of seed wheat he had; that Feddema replied that it was genuine Marquis wheat, that he bought it for Marquis wheat, and that was what he was selling it for; that Benofski then purchased some of the wheat for himself, and stated to Feddema that he wanted 25 bushels for Johnson (the plaintiff); that Feddema then said, ‘He can have 25 bushels, and you tell him he has got the genuine Marquis wheat;’ that Benofski took the 25 bushels,...
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Townsend v. Jahr, No. 21763.
...v. Blake, 47 Minn. 540, 50 N. W. 612;Wallace v. Hallowell, 56 Minn. 501, 58 N. W. 292;Ritko v. Grove, 102 Minn. 313,113 N. W. 629; [179 N.W. 488]Knight v. Leighton, 110 Minn. 254, 124 N. W. 1090;Selover, Bates & Co. v. Freeman, 111 Minn. 318, 127 N. W. 9;Nelson v. Gjestrum, 118 Minn. 284, 1......
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Blackburn v. Carlson Seed Co., No. 7754
...annotation; 32 A.L.R. 1241, annotation; 117 A.L.R. 470, annotation; 168 A.L.R. 581, annotation; Johnson v. Foley Milling & Elevator Co., 147 Minn. 34, 179 N.W. 488, 16 A.L.R. 856; Malone v. Hastings, 5 Cir., 193 F. 1; Pauls Valley Milling Co. v. Gabbert, 182 Okl. 500, 78 P.2d 685, 117 A.L.R......
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Henderson v. Berce.
...Co., 70 Colo. 249, 199 P. 483; Stevenson v. B. B. Kirkland Seed Co., 176 S.C. 345, 180 S.E. 197; Johnson v. Foley Milling & Elevator Co., 147 Minn. 34, 179 N.W. 488, 16 A.L.R. 856; West Coast Lumber Co. v. Wernicke et al., 137 Ala. 363, 188 So. 357. We are of the opinion that the defendant ......
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Investors' Mortgage Security Co. v. Strauss & Co., Inc., 5618
...words, a sale by description--constitutes a warranty that the seed is of the variety described. (Johnson v. Foley Milling & Elevator Co., 147 Minn. 34, 16 A. L. R. 856, 871, 179 N.W. 488; Keeler v. Green, 51 Mont. 42, 149 P. 286; Ross v. Northrup, King & Co., 156 Wis. 327, 144 N.W. 1124; 35......
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Townsend v. Jahr, No. 21763.
...v. Blake, 47 Minn. 540, 50 N. W. 612;Wallace v. Hallowell, 56 Minn. 501, 58 N. W. 292;Ritko v. Grove, 102 Minn. 313,113 N. W. 629; [179 N.W. 488]Knight v. Leighton, 110 Minn. 254, 124 N. W. 1090;Selover, Bates & Co. v. Freeman, 111 Minn. 318, 127 N. W. 9;Nelson v. Gjestrum, 118 Minn. 284, 1......
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Blackburn v. Carlson Seed Co., No. 7754
...annotation; 32 A.L.R. 1241, annotation; 117 A.L.R. 470, annotation; 168 A.L.R. 581, annotation; Johnson v. Foley Milling & Elevator Co., 147 Minn. 34, 179 N.W. 488, 16 A.L.R. 856; Malone v. Hastings, 5 Cir., 193 F. 1; Pauls Valley Milling Co. v. Gabbert, 182 Okl. 500, 78 P.2d 685, 117 A.L.R......
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Henderson v. Berce.
...Co., 70 Colo. 249, 199 P. 483; Stevenson v. B. B. Kirkland Seed Co., 176 S.C. 345, 180 S.E. 197; Johnson v. Foley Milling & Elevator Co., 147 Minn. 34, 179 N.W. 488, 16 A.L.R. 856; West Coast Lumber Co. v. Wernicke et al., 137 Ala. 363, 188 So. 357. We are of the opinion that the defendant ......
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Investors' Mortgage Security Co. v. Strauss & Co., Inc., 5618
...words, a sale by description--constitutes a warranty that the seed is of the variety described. (Johnson v. Foley Milling & Elevator Co., 147 Minn. 34, 16 A. L. R. 856, 871, 179 N.W. 488; Keeler v. Green, 51 Mont. 42, 149 P. 286; Ross v. Northrup, King & Co., 156 Wis. 327, 144 N.W. 1124; 35......