39 Minn. 429 | Minn. | 1888
Action for balance due on purchase price of a Kem-ington type-writer. The answer set up, as a counterclaim, damages for breach of warranty. The court assessed her damages at $70. The warranty was admitted in the reply, and a breach of it is sufficiently established by the evidence, so that the only question is whether the damages were excessive. The contention of appellants is that the evidence conclusively shows that the Eemington type-writers are all made by machinery, each part being interchangeable in all machines of the same style; that the defects complained of in this machine applied only to particular parts, which could easily have been remedied by the substitution of new interchangeable parts in place of the defective ones, at a cost of not exceeding four or five dollars, and therefore the cost of thus-replacing the defective parts was the proper
Order affirmed.