83 Minn. 321 | Minn. | 1901
The plaintiff purchased from defendant a coal-burning traction engine, with a straw-burning attachment, at the agreed price of $1,750. The machine was warranted to be of first-class material, workmanship, and finish, and, if competently operated, was warranted to furnish as much power, and use as little fuel and water, as any other make of such engine in the world, all conditions being equal. This action is brought to recover damages for a breach of the warranty. A verdict was returned in favor of the plaintiff for the sum of $755.37, and defendant appeals from an order denying a motion for a new trial.
Of the forty-four assignments of error, we do not consider any
In the course of the trial, defendant attempted to prove the value of the outfit for any purpose, conceding that attachment was defective. The court refused to receive this evidence. The case was directly within the principle established in Melby v. D. M. Osborne & Co., 33 Minn. 492, 24 N. W. 253. In that case the plaintiff was endeavoring to prove that a combination harvester and binder was of no value. It appeared that the harvester was in good condition, and only the binder defective, but by some changes could be turned into a hand-binding harvester; and it was held error to prevent the introduction of evidence to that effect.. The principle here recognized is that if the defect in a machine is traceable to some detachable part, which may be replaced, irrespective of the whole, or which does not necessarily render the balance of the machine useless, then such facts may be proven, in order to establish the value of the machine for any purpose. This
With a view to a new trial, it will be proper to call attention to the fact that in this case we do not hold that the measure of damages was the difference in value between the straw-burning attachment as furnished and the one as warranted, as appellant appears to contend by the nature of the requests submitted at the trial.
Order reversed.