[DOWNLOAD] "Weiner v. D. A. Schulte" by Supreme Court of Minnesota * Book PDF Kindle ePub Free

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eBook details

• Title: Weiner v. D. A. Schulte
• Author : Supreme Court of Minnesota
• Release Date : January 26, 1931
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 62 KB

Description

FIELD, J. The declaration in this action in the superior court was in two counts, one in tort, the other in contract. The plaintiff elected to stand on the count in contract. In this count he alleged that the defendant on or about April 26, 1926, was engaged in the manufacture, sale or distribution of tobacco; that on or about said date the plaintiff purchased some tobacco which was manufactured, sold or distributed by the defendant, its agents or servants; * * * that the defendant, its agents or servants represented the same to be wholesome and what he intended to purchase, but * * * the tobacco was not as represented and was unfit for use, in consequence of which the plaintiff on chewing the same was caused to sustain injuries and suffered great pain of body and anguish of mind, has been put to expense for medical aid and attendance, and was prevented for a long time from pursuing his usual vocation, all to his great damage. The defendant moved for a directed verdict. The motion was denied and there was a verdict for the plaintiff. The trial Judge reported the case with the agreement that if the case was properly left to the jury judgment is to be entered for the plaintiff in the sum of $350, otherwise judgment is to be entered for the defendant.

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