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Thompson v. Libbey
Citation:Supreme Court of Minnesota, 34 Minn. 374, 26 N.W. 1 (1885)
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Thompson owned some logs marked “H.C.A.” which were cut in the winters of 1882 and 1883. He executed a contract with Libbey through Libbey’s agent, Mooers. The agreement stated that Thompson had sold all of his logs marked “H.C.A.” to Libbey for ten dollars a thousand feet, boom scale in Minneapolis. Thompson brought an action to recover the purchase money and in defense Libbey alleged a breach of warranty regarding the quality of the logs. At the trial oral testimony was offered to prove the warranty which was admitted over the objection of Thompson.
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