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Smith v. Barrie (Mich.).

816

State, Holmes v. (Neb.)....

232

633

Smith v. Crane (Minn.).

Smith v. Eaton Co. Sup'rs (Mich.).. 267

Smith v. Keiser (Neb.)...
Smith v. Quiggans (Io.).
Smith v. State (Neb.).
Smith v. Walker (Mich.)
Smith, Batten v. (Wis.)
Smith, Sampson v. (Wis.).
Smith, Vaughn v. (lo.)..
Smith, Whitney v. (Minn.).
Snyder v. Wolford (Minn.)
Solberg v. Wright (Minn.).
Sovereign, State v. (Neb.).
Sparks, Pierce v. (Dak.).
Spates, Arnold v. (Io.)
Specht, State v. (Io.)....
Spenseley V. Janesville
Manuf'g Co. (Wis.).

.....

.....

Cotton

Spensley v. Lancashire Ins. Co.
(Wis.)...

Sperry v. Kretchner (Io.).
Spurr, Bedal v. (Minn.)...
Stamm v. Coates (Dak.)..
State v. Babcock (Neb.)......

...

368 State, Raynor v. (Wis.).
907 State, Shaw v. (Neb.)..
780 State, Smith v. (Neb.).
267 State, Wendell v. (Wis.).
342 State, Whitman v. (Neb.).
345 State, Wirth v. (Wis.). .
684 Stauer, Hobbs v. (Wis.).
181 Stebbins v. Township of Keene
254 (Mich.).

...

680 Stewart, Torcheimer v. (Io.).
662 Stewart, In re, (Wis.)..
Stockman, In re, (Mich.).
Stoddard v. McLane (Mich.).
Stoddard v. Sloan (Io.).

574

740 Strait v. Frary (Minn.).

660 Stram, Lessard v. (Wis.).
390 Stromberg v. Esterly (Wis.).

State, Long v. (Neb.)...

120

State, Rasmussen v. (Wis.)..

835

430

772

780

435

459

860

153

37

381 Stensrud v. Delamater (Mich.).
353 Stewart v. Phenice (Io.)..
491 Stewart v. Shaw (Mich.).

272

636

63

886

392

321

95

924

295

284

864

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435

150

717

217

831

37

256

...

624

418

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898

Wheeler v. Single (Wis.).

569

...

912

Wheeler v. Walden (Neb.). Wheeler, State v. (Io.)...

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Town of Norway, Grinager v. (Minn.) 174
Town of Saukville, City of Port
Washington v. (Wis.)......
Town of Spencer, Sanford v. (Wis.) 465
Township of Keene, Stebbins v.
(Mich.).

Travis, Johnson v. (Minn.)..
Treitschke, Albrecht v. (Neb.)..
Trenary, Foster v. (Io.)....
Trenery, Gardner v. (lo.)..........

Underleak, Crowley v. (Minn.)..... 443
Union Gospel Church Building
Ass'n, Wood v. (Wis.)....... 756
United States, Sweany v. (Wis.).. 609

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Van Dusen, Fishback v. (Minn.)....
Van Duzee v. Van Duzee (Io.).. 900
Van Leeuwen, Willard v. (Mich.) 185
Van Wyngaarden, Thomassen v. (lo.) 927
Vaughn v. Smith (Io.)...
Vernor v. Coville (Mich.)
Village of Clintonville, McNamara
v. (Wis.)

Wells v. Edmison (Dak.).
Wendell v. State (Wis.).
Wertzel, State v. (Wis.)
West v. White's Estate (Mich.).
West Depere Agr. Works, Lehigh
Valley Coal Co. v. (Wis.).
Westbrook v. Miller (Mich.).

Wheelock, Hoffman v. (Wis.).. 713, 716
White's Estate, West v. (Mich.).... 217
Whitman v. State (Neb.)..
Whitney v. Smith (Minn.).
Wiegert v. Franck (Mich.)..
Wilber v. Pierce (Mich.).
Wilcox, Gray v. (Mich.)
Wilcox, State v. (Neb.)
Wilcox, Volland v. (Neb.).

459

181

303

316

.....

109

458

71

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Village of Fox Lake, Town of Fox

Wilson, Taylor v. (Neb.).

119

Lake V.

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Winebrenner, Pontius v. (Io.)—two

Vimont v.

Chicago & N. W. Ry. Co.

cases..

646

(Io.)

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Vinton v. Beamer (Mich.).

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See end of volume (page 1037) for Tables of Northwestern Cases in State Reports.

(xi)*

THE

Northwestern Reporter.

VOLUME XXII.

SUPREME COURT OF MINNESOTA.

OSBORNE and others v. MARKS.

Filed January 3, 1885.

1. SALE-WARRANTY OF HARVESTER.

Upon this warranty of a harvester and binder: "All our machines are warranted to be well built, of good material, and capable of cutting, if properly managed, from 10 to 15 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 from whom he purchased it, and allow time for a person to be sent to put it in order. If it cannot then be made to do good work the defective part will be replaced or the machine taken back, and the payment of money or notes returned. Keeping the machine during harvest, whether kept in use or not, without giving notice as above, shall be deemed conclusive evidence that the machine fills the warranty;"-held, that keeping the machine beyond the first harvest season was not conclusive evidence that it filled the warranty, where it failed to work well on starting the first season, and the purchaser at once gave notice of the fact; the seller thereupon tried to put it in order and it still failed, of which the purchaser also gave due notice; and the seller again tried, but failed to make it work well. 2. SAME-ACTION ON WARRANTY EVIDENCE.

In an action on such a warranty it is proper for the purchaser to prove that it worked badly after the first season, it being shown that it worked in the same way from the beginning, and also that it wasted grain, and to what extent, if due to defects in the machine, for the purpose of showing that the machine was not what it was warranted.

3. SAME-RENEWAL OF PURCHASE-MONEY NOTE.

Where notes were given for the purchase of a machine with warranty, a renewal or payment of one of the notes, without mentioning any counter-claim for a breach of the warranty, would be strong evidence that none existed, but would not be a release or absolute waiver of one if it did exist.

4. SAME-DAMAGES.

In an action on a warranty of a harvester and binder, it is improper, to establish the damages, to ask what, in its actual condition, it was worth as a harvester and binder; the question should be, what, in that condition, is its market value generally?

5. SAME-MARKET VALUE-OPINION.

A witness who has no knowledge of the market value, although he may have worked the machine or seen it worked, is not competent to give an opinion of its value.

Appeal from an order of the district court, Lyon county.

v.22N,no.1-1

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