EASTON FARMERS ELEVATOR CO. v. CHROMALLOY AM.

No. 45880.

246 N.W.2d 705 (1976)

EASTON FARMERS ELEVATOR COMPANY, Respondent, v. CHROMALLOY AMERICAN CORPORATION, as Principal and as Surviving Corporation of Merger with Its Subsidiary and Agent Shunk Manufacturing Co., Inc., Appellant, N. W. McFarland, Appellant.

Supreme Court of Minnesota.

October 22, 1976.


Attorney(s) appearing for the Case

William R. Busch, St. Paul, for Chromalloy.

Erickson, Zierke, Kuderer, Utermarck & McKenna and D. Gerald Wilhelm, Fairmont, for McFarland.

Gordon J. Berg and John F. Hacking, Minneapolis, for respondent.

Heard before ROGOSHESKE, KELLY and SCOTT, JJ., and considered and decided by the court en banc.


PER CURIAM.

This is an appeal by defendants, a manufacturer and its sales agent, from a judgment in favor of plaintiff grain cooperative and from the denial of their post-trial motions for a new trial. The jury by special verdict found that in selling a commercial corn drier defendants made false representations and breached express and implied warranties, causing plaintiff damage in the amount of $100,000.1 The principal issue is whether...

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