(Download) "Minneapolis-Moline P.I. Co. v. Parent" by Supreme Court of Montana * eBook PDF Kindle ePub Free
eBook details
- Title: Minneapolis-Moline P.I. Co. v. Parent
- Author : Supreme Court of Montana
- Release Date : January 29, 1932
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 71 KB
Description
Submitted November 28, 1932. Sales — Farm Machinery — Breach of Warranty — Notice of Defects to Seller — Release of Warranty — Waiver — Theory of Case — Instructions — Law of Case — Verdicts — When Conclusive. Sales — Farm Machinery — Breach of Warranty — Evidence — Sufficiency. 1. In an action to recover balance due on a contract of sale of farm machinery, in which the defense was breach of warranty, evidence reviewed and held ample to show such breach, it appearing therefrom, inter alia, that soon after delivery repairs were needed and that for over a year the buyer's employees and the seller's mechanics were continuously making them without satisfactory results. Same — Breach of Warranty — What Constitutes Waiver of Provision of Contract Requiring Notice of Defects to Seller. 2. Where the contract of purchase of farm machinery provided that if any thereof should not measure up to the warranties, the buyer should give written notice of the defect to the seller, and such notice was not given, but the evidence in an action to recover the balance of the purchase price due showed that for more than a year the agents and representatives of the plaintiff were continually at work in an endeavor to make the machinery work satisfactorily, without avail, written notice will be held to have been waived. Same — Release of Warranty by Buyer — Repudiation of Agreement by Seller — Defense of Release not Available to Seller in Action for Breach of Warranty. 3. The buyer of farm machinery in consideration of an extension of time in which to pay purchase notes executed to the seller a release from warranties embodied in the contract of sale. The seller, in repudiation of the agreement, sued on the notes before their maturity as extended. The buyer counterclaimed for damages sustained by breach of warranty. Held, that having repudiated the extension agreement, plaintiff company could not rely on the release in defense to the counterclaim and that it was improperly admitted in evidence. Trial — Instructions — When Law of Case. 4. Instructions (relating to the measure of damages for breach of warranty) given without objection are the law of the case and controlling. Verdicts — When not to be Disturbed on Appeal. 5. A verdict based upon substantial evidence and approved by the trial court by its refusal to grant a new trial will not be disturbed on appeal. Sales — Remedy Prescribed in Contract for Breach of Warranty — Waiver of Provision by Theory on Which Action on Contract of Sale Tried. 6. A contract of purchase of farm machinery stipulated that if the machinery was not as warranted, the buyer's only remedy should be rescission. In the buyer's action to recover balance due, the seller counterclaimed for damages sustained by breach of warranty. The cause was tried on the theory that it was one for breach of warranty, plaintiff contending that defendant had waived damages for breach by execution of a writing. Held, that the provision as to rescission was waived by the conduct of the parties.