DURFEE v. ROD BAXTER IMPORTS, INC.

No. 46988.

262 N.W.2d 349 (1977)

John D. DURFEE, Appellant, v. ROD BAXTER IMPORTS, INC., formerly Horvath Imports, Inc., Respondent, Saab-Scania of America, Inc., Respondent.

Supreme Court of Minnesota.

Rehearing Denied March 6, 1978.


Attorney(s) appearing for the Case

Courtney, Gruesen & Petersen and Thomas W. Gruesen, Duluth, for appellant.

Oberg & Robins, Wayzata, for Rod Baxter Imports.

Doherty, Rumble & Butler and Bruce E. Hanson and Jeffrey B. Oberman, St. Paul, for Saab-Scania.

Considered and decided by the court en banc.


KELLY, Justice.

Plaintiff appeals from an order1 of the district court awarding him $600 damages for breach of warranty resulting from defects in his new Saab automobile which defendants failed to correct. Defendant also seeks review of the judgment. We reverse.

On June 15, 1974, plaintiff purchased a Saab automobile at Horvath Motors (Horvath), a Saab dealer in St. Paul to which defendant Rod Baxter Imports, Inc. (Rod Baxter)...

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