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BOOTH v. SPINDLER

No. 37,869.

261 Minn. 79 (1961)

110 N.W. (2d) 889

ALLAN BOOTH v. HERBERT SPINDLER, SOLE TRADER d.b.a. HERB SPINDLER COMPANY, AND ANOTHER.

Supreme Court of Minnesota.

September 15, 1961.

Attorney(s) appearing for the Case

Stein & Stein and David Naughtin, for appellant.

Gannon & Dahle, for respondent Ventoura Corporation.

Bouschor & McNulty, for respondent Spindler.

OTIS, JUSTICE.

The appellant, Allan Booth, instituted this action against respondents, Herbert Spindler and Ventoura Corporation, to rescind a contract for the purchase of a house trailer, alleging a breach of implied warranty of fitness by reason of excessive condensation experienced in the use of the equipment. The defendant Spindler counterclaimed for the cost of the installation and cross-claimed against defendant Ventoura Corporation for indemnity. At the conclusion...

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