Palmer v. Banfield
Wisconsin Supreme Court
APPEAL from the Circuit Court for Grant County. This action is to recover the price of a reaper and harvester alleged to have been sold and delivered by plaintiff to defendant in August, 1892, for the agreed price of $110. The complaint states the contract to have been that defendant should on demand give plaintiff for the price of the machine his two promissory notes for $55 each,— one payable in one year, and the other in two years, from the date of sale, with interest.
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APPEAL from the Circuit Court for Grant County. This action is to recover the price of a reaper and harvester alleged to have been sold and delivered by plaintiff to defendant in August, 1892, for the agreed price of $110. The complaint states the contract to have been that defendant should on demand give plaintiff for the price of the machine his two promissory notes for $55 each,— one payable in one year, and the other in two years, from the date of sale, with interest. It is further alleged in the complaint that defendant took, used, and accepted the machine, and that on due demand by…
1Opinion of the Court
LyoN, O. J.
1. There is no claim in this case for damages for a breach of warranty, either express or implied, on the sale of the reaper and harvester in controversy. The question of warranty is, therefore, of no significance in the case, except as it bears upon the right of defendant to return the machine in case the sale thereof was absolute, as claimed by plaintiff. If the jury found the contract to be as claimed by defendant, under the charge of the court the question of warranty does not necessarily arise, for the jury were instructed that, if they so found, the defendant had a right to…
2Cited by17 opinions
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- Fox v. WilkinsonWisconsin Supreme Court · 1907
- Murphy v. Russell & Co.Idaho Supreme Court · 1901
- Southern Gas & Gasoline Engine Co. v. AdamsCourt of Appeals of Texas · 1914
- Houston Motor Car Co. v. BrashearCourt of Appeals of Texas · 1913
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