Empire Cream Separator Co. v. Abbott
Empire Cream Separator Co. v. Abbott
Opinion of the Court
The opinion of the court was delivered by
The plaintiff sued to recover the purchase price of a milk separator and a mechanical milker sold to the defendant. No complaint was made of the separator, but it was pleaded that the milker injured his cows, and also damaged the defendant by the decrease in the amount of milk the cows gave,‘all in the sum of $250, the price of the milker being $163.
The one assignment of error is that the court erred in refusing a new trial, the motion for which set up inconsistency between the verdict and the findings, and that the latter were unintelligible and unsupported by the evidence.
We perceive no material inconsistency between the findings, or between them and the general verdict.
The judgment is therefore affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.