Wood v. Heyer
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Polk county: W. R. Foley, Circuit Judge. Action to recover damages sustained by reason of false representations claimed to have been made by the defendant in the sale of two cows represented .to have been pure-bred shorthorns. The jury found a special verdict in favor of the plaintiff, and from a judgment entered thereon the defendant appealed.
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Appeal from a judgment of the circuit court for Polk county: W. R. Foley, Circuit Judge. Action to recover damages sustained by reason of false representations claimed to have been made by the defendant in the sale of two cows represented .to have been pure-bred shorthorns. The jury found a special verdict in favor of the plaintiff, and from a judgment entered thereon the defendant appealed. For the appellant there was a brief by McNally & Doar of New Richmond, and oral argument by W. T. Doar.
1Opinion of the CourtVinje, C. J.
One question of the special.verdict was: “Did the plaintiff fail to give the defendant notice that the cows were not pure-bred shorthorns within a reasonable time- after plaintiff knew or by the exercise of reasonable care ought to have known such fact, if it was a fact?” The jury answered “No.” Sec. 1684f — 49 of the Statutes provides:
“In the absence of express or implied agreement of the parties, acceptance of the goods by the buyer shall not discharge the seller from liability in damages or other legal remedy for breach of any promise or warranty in the contract to sell or the sale. But,…
2Cases cited4 opinions
- Tegen v. ChapinWisconsin Supreme Court · 1922
- Chess & Wymond Co. v. La Crosse Box Co.Wisconsin Supreme Court · 1921
- Harrington v. DowningWisconsin Supreme Court · 1918
- Knobel v. J. Bartel Co.Wisconsin Supreme Court · 1922
3Cited by6 opinions
- Maslow Cooperage Corp. v. Weeks Pickle Co.Wisconsin Supreme Court · 1955
- United States v. American Radiator & Standard Sanitary Corp.District Court, D. Minnesota · 1953
- Vander Eyk v. BonesSouth Dakota Supreme Court · 1958
- Lumbermens Mutual Casualty Co. v. S. Morgan Smith Co.Wisconsin Supreme Court · 1947
- Arctic Engineering Corp. v. HarrisonWisconsin Supreme Court · 1956
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