35 Minn. 538 | Minn. | 1886
This action is for the recovery of damages upon the ground of a breach of warranty as to the quality of a quantity of wheat, 155 bushels, furnished by the defendants to the plaintiff, pursuant to a contract between them, which contemplated that the wheat was to be used for seed upon certain lands of the plaintiff. The contract was first made orally, and, as is claimed by the plaintiff, with a warranty or agreement on the part of the defendants that the wheat was “pure Saskatchewan Fife wheat.” Afterwards the parties executed a contract in writing, embodying, in part at least, the prior oral agreement. This written contract contains nothing respecting the quality of the wheat to be furnished, except that it is designated as “Saskatchewan Fife wheat.” Upon the trial evidence was received, without objection, going to show that the first and oral agreement was made with a warranty that the grain was pure Saskatchewan Fife wheat. Evidence on the part of the defendants went to show that no warranty was made other than that it was Saskatchewan Fife wheat. There was a general verdict for the defendants.
The principal point presented upon this appeal is that the verdict was not justified by the evidence. The evidence as to the nature or extent of the warranty in the original agreement (treating that agree
Concerning the instruction of the court submitting it to the jury to determine whether the written instrument embraced the agreement of the parties, it is enough to say that no exception was taken. The same is true concerning the charge that it would be impracticable to pick over the wheat by the handful.
The point based upon the alleged instruction that there would be no breach of warranty unless the wheat was more impure than it would naturally become by passing through an elevator, is not sustained, for we find nothing of the kind in the charge. Neither is there anything in the charge to sustain the point that the jury were left to interpret the warranty according to what they might find one of the parties intended by it. We find no error in the charge.
Order affirmed.