BRENDSEL v. WRIGHT

No. 44490.

221 N.W.2d 695 (1974)

Harold BRENDSEL, Respondent, v. Clarence WRIGHT, Appellant.

Supreme Court of Minnesota.

September 13, 1974.


Attorney(s) appearing for the Case

Rice, Evans & Christensen and Robert Rice, Pipestone, for appellant.

Scott & Reutter and William P. Scott, Pipestone, for respondent.

Heard before OTIS, MacLAUGHLIN, and YETKA, JJ., and considered and decided by the court en banc.


PER CURIAM.

Plaintiff, Harold Brendsel, commenced this action for damages alleging fraud in the sale to him of 20 calves by defendant, Clarence Wright. Plaintiff alleged that defendant represented that the calves were healthy at the time of the sale when, in fact, they were not. At the close of all the evidence, the trial court decided that the case should be submitted to the jury on the theory of breach of implied warranty, instead of fraud, and granted plaintiff...

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