Cited by

Opinions in Minnesota that cite Despatch Oven Co. v. Rauenhorst, 40 N.W.2d 73.

42 citing documents.

Kuhl v. Heinen 672 N.W.2d 590 Minn. Ct. App. 2003
Kuhl v. Heinen 672 N.W.2d 590 Minn. Ct. App. 2003
Despatch Oven Co. v. Rauenhorst, 229 Minn. 436, 447
In Re Silicone Implant Insurance Coverage Litigation 652 N.W.2d 46 Minn. Ct. App. 2002
In Re Silicone Implant Insurance Coverage Litigation 652 N.W.2d 46 Minn. Ct. App. 2002
See Despatch Oven Co. v. *74 Rauenhorst, 229 Minn. 436, 447 , (affirming judgment against party who could demonstrate only nominal damages arising from alleged breach of contract); Sloggy v. Crescent Creamery Co., 72 Minn. 316, 317-18 , 75 N.W.
Logan v. Norwest Bank Minnesota, N.A. 603 N.W.2d 659 Minn. Ct. App. 1999
Logan v. Norwest Bank Minnesota, N.A. 603 N.W.2d 659 Minn. Ct. App. 1999
The district court concluded that because Logan “cannot prove damages, an essential element of her breach-of-contract claim, that claim fails and Norwest’s motion for summary judgment must be granted.” See generally Despatch Oven Co. v. Rauenhorst, 229 Minn. 436, 447 , (affirming judgment against party who could demonstrate only nominal damages arising from an alleged breach of contract); Sloggy v. Crescent Creamery Co., 72 Minn. 316, 317-18 , 75 N.W.
Petition of Anderson 565 N.W.2d 461 Minn. Ct. App. 1997
Petition of Anderson 565 N.W.2d 461 Minn. Ct. App. 1997
“A contract is an agreement between parties whereby one of them acquires a right to an act by the other; and the other assumes an obligation to perform the act.” Despatch Oven Co. v. Rauenhorst, 229 Minn. 436, 442 , (citation omitted).
Minnesota Mining & Manufacturing Co. v. Nishika Ltd. 565 N.W.2d 16 Minn. 1997
Minnesota Mining & Manufacturing Co. v. Nishika Ltd. 565 N.W.2d 16 Minn. 1997
*22 See Hydra-Mac, d at 920 ; Bemidji Sales Barn, Inc. v. Chatfield, 312 Minn. 11, 15-16 , Despatch Oven Co. v. Rauenhorst, 229 Minn. 436, 445 , see also Minn.Stat.
International Financial Services, Inc. v. Franz 534 N.W.2d 261 Minn. 1995
International Financial Services, Inc. v. Franz 534 N.W.2d 261 Minn. 1995
Chem., 303 Minn. 320 , see also Despatch Oven Co. v. Rauenhorst, 229 Minn. 436
AMCO Insurance Co. v. Lang 420 N.W.2d 895 Minn. 1988
AMCO Insurance Co. v. Lang 420 N.W.2d 895 Minn. 1988
Despatch Oven Co. v. Rauenhorst, 229 Minn. 436, 448 , , 78 (1949); Hoff v. First State Bank of Watson, 174 Minn. 36, 39 , 218 N.W.
Kleven v. Geigy Agricultural Chemicals 227 N.W.2d 566 Minn. 1975
Kleven v. Geigy Agricultural Chemicals 227 N.W.2d 566 Minn. 1975
ar requirements and needs of which the seller at the time of contracting had reason to know and which could not reasonably be prevented by cover or otherwise; and *324 (b) injury to person1 or property proximately resulting from any breach of warranty.” In distinguishing between direct and consequential damages, we have consistently relied on the rule expressed in Despatch Oven Co. v. Rauenhorst, 229 Minn. 436 , which involved a contract exculpating the seller from consequential damages.
Westerberg v. School District No. 792, Todd County 148 N.W.2d 312 Minn. 1967
Westerberg v. School District No. 792, Todd County 148 N.W.2d 312 Minn. 1967
Despatch Oven Co. v. Rauenhorst, 229 Minn. 436 , 40 N. W. (2d) 73 ; Greenwald v. Northern States Power Co. 226 Minn. 216 , 32 N. W. (2d) 320 ; Hartmon v. National Heater Co. 240 Minn. 264 , 60 N. W. (2d) 804 .
Kopet v. Klein 148 N.W.2d 385 Minn. 1967
Kopet v. Klein 148 N.W.2d 385 Minn. 1967
in the following words: *533 “The measure of damages for breach of warranty is the loss directly and naturally resulting, in the ordinary course of events, from the breach of warranty.” In Despatch Oven Co. v. Rauenhorst, 229 Minn. 436, 444 , 40 N. W. (2d) 73, 79 , this court held: “* * * The damages recoverable for breach of warranty are: (1) Such as arise naturally in the usual course of things from the breach itself; or (2) such as accrue as a consequence of the breach as the parties contempl
Employers Liability Assurance Corp. v. Morse 111 N.W.2d 620 Minn. 1961
Employers Liability Assurance Corp. v. Morse 111 N.W.2d 620 Minn. 1961
3 In Despatch Oven Co. v. Rauenhorst, 229 Minn. 436, 442 , 40 N. W. (2d) 73, 78 , we pointed out: “We have said many times that a contract should be so construed as to give effect to the intention of the parties as expressed in the language used, and that the words used are not only to be construed with reference to the subject matter of the contract and the circumstan
Peterson v. Truelson 83 N.W.2d 236 Minn. 1957
Peterson v. Truelson 83 N.W.2d 236 Minn. 1957
Co. 67 Minn. 94, 97 , , 641: * * jf a person had no reasonable ground to anticipate that a particular act would or might result in any injury to anybody, then * * * the act would not be negligent at all; * * *.” In Despatch Oven Co. v. Rauenhorst, 229 Minn. 436, 447 , 40 N. W. (2d) 73, 81 , we state the rule as follows: ««- * * j-f- jg axiomatic that an act or omission is not negligent unless the actor has knowledge or notice that it involves danger to others.
Lovejoy v. Minneapolis-Moline Power Implement Co. 79 N.W.2d 688 Minn. 1956
Lovejoy v. Minneapolis-Moline Power Implement Co. 79 N.W.2d 688 Minn. 1956
4 Despatch Oven Co. v. Rauenhorst, 229 Minn. 436 , 40 N. W. (2d) 73 .
Ahlstrom v. Minneapolis, St. Paul & Sault Ste. Marie Railroad 68 N.W.2d 873 Minn. 1955
Ahlstrom v. Minneapolis, St. Paul & Sault Ste. Marie Railroad 68 N.W.2d 873 Minn. 1955
5 Despatch Oven Co. v. Rauenhorst, 229 Minn. 436 , 40 N. W. (2d) 73 ; Hartmon v. National Heater Co. 240 Minn. 264 , 60 N. W. (2d) 804 ; 13 Dunnell, Dig.
Nelson v. the Swedish Hospital 64 N.W.2d 38 Minn. 1954
Nelson v. the Swedish Hospital 64 N.W.2d 38 Minn. 1954
In construing the effect of a similar clause in Despatch Oven Co. v. Rauenhorst, 229 Minn. 436, 445 , 40 N. W. (2d) 73, 79 , we stated: “* * * The purpose of the paragraph containing the clauses that plaintiff as seller ‘shall not be liable’ for certain liabilities and that it ‘assumes no liability for consequential damages’ was to define and limit the liability assumed by plaintiff as seller.
Hartmon v. National Heater Co. 60 N.W.2d 804 Minn. 1953
Hartmon v. National Heater Co. 60 N.W.2d 804 Minn. 1953
Despatch Oven Co. v. Rauenhorst, 229 Minn. 436 , 40 N. W. (2d) 73 ; 4 Dunnell, Dig.
McPeak v. Boker 53 N.W.2d 130 Minn. 1952
McPeak v. Boker 53 N.W.2d 130 Minn. 1952
nes are furnished with power, the engine or motor is sold with manufacturer’s guarantee only.” We held ( 189 Minn. 635 , ): “* * * We are also of the opinion that the language above quoted from the conditional sales contract does not exclude the existence of implied warranty under the construction placed upon the uniform sales act * * Appellant cites Despatch Oven Co. v. Rauenhorst, 229 Minn. 436, 439 , 40 N. W. (2d) 73, 76 .
Thompson v. Peterson 50 N.W.2d 53 Minn. 1951
Thompson v. Peterson 50 N.W.2d 53 Minn. 1951
Despatch Oven Co. v. Rauenhorst, 229 Minn. 436, 447 , 40 N. W. (2d) 73, 81 , we said: “* * * It is axiomatic that an act or omission is not negligent unless the actor has knowledge or notice that it involves danger to others.
McDonald v. Fryberger 46 N.W.2d 260 Minn. 1951
McDonald v. Fryberger 46 N.W.2d 260 Minn. 1951
As this court stated in Despatch Oven Co. v. Rauenhorst, 229 Minn. 436, 447 , 40 N. W. (2d) 73 , 81: «* * * it ig axiomatic that an act or omission is not negligent unless the actor has knowledge or notice that it involves danger, to others.
Mork v. Eureka-Security Fire & Marine Insurance Co. 42 N.W.2d 33 Minn. 1950
Mork v. Eureka-Security Fire & Marine Insurance Co. 42 N.W.2d 33 Minn. 1950
In the very recent case of Despatch Oven Co. v. Rauenhorst, 229 Minn. 436 , 40 N. W. (2d) 73 , there is a full discussion of what is meant by damages which accrue as a consequence of such breach as the parties contemplated when making the contract, and numerous cases are cited.
Leisy v. Northern Pacific Railway Co. 40 N.W.2d 626 Minn. 1950
Leisy v. Northern Pacific Railway Co. 40 N.W.2d 626 Minn. 1950
Despatch Oven Co. v. Rauenhorst, 229 Minn. 436 , 40 N. W. (2d) 73 .