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DESPATCH OVEN CO. v. RAUENHORST

No. 34,894.

229 Minn. 436 (1949)

DESPATCH OVEN COMPANY v. CLAYTON RAUENHORST AND ANOTHER.

Supreme Court of Minnesota.

December 2, 1949.

Attorney(s) appearing for the Case

Lauerman & Pfeiffer, for appellants.

Freeman, King, Larson & Peterson, for respondent.

PETERSON, JUSTICE.

Plaintiff sues to recover $4,185.50, the unpaid balance of the purchase price of a seed-corn "dryer" sold by it to defendants. Defendants asserted (a) a defense of no indebtedness based on allegations of breach of warranty as to the dryer's capacity and of damages resulting from a fire caused by alterations made in the dryer by plaintiff in an effort to make it conform to the warranty; and (b) a counterclaim for over $38,000 for breach of...

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