Kingman & Co. v. Watson
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for La Eay-ette county : G-eo. ClemeNtsoN, Circuit Judge. This action was brought to recover upon four promissory ■notes, in the aggregate for the sum of $1,800, given by the defendant to the plaintiff August 27, 1891, for the purchase of a steam threshing machine outfit, including a “ Cyclone separator ” and a steam engine, sold- by the plaintiff to the defendant. The notes were secured by a chattel mortgage on the same property.
Read the full summary
Appeal from a judgment of the circuit court for La Eay-ette county : G-eo. ClemeNtsoN, Circuit Judge. This action was brought to recover upon four promissory ■notes, in the aggregate for the sum of $1,800, given by the defendant to the plaintiff August 27, 1891, for the purchase of a steam threshing machine outfit, including a “ Cyclone separator ” and a steam engine, sold- by the plaintiff to the defendant. The notes were secured by a chattel mortgage on the same property. The defendant answered that ■■the plaintiff warranted that all parts of the threshing-ma■'chine outfit were properly and…
1Opinion of the CourtPiNNey, J.
The determination of this action dependa upon the operation, force, and effect to be given to the written contract between the parties, and what effect, if any, is to be accorded to the subsequent oral agreement found by the jury to have been made on the 10th day after delivery and use of the machine by the defendant, as stated in the special verdict, namely, that, as inducement to the defendant to settle for the threshing outfit the plaintiff had sold him, and to give the notes in suit therefor, before the notes 'were signed the plaintiff company agreed to and promised the defendant “ that…
2Cases cited28 opinions
- L'Amoreux v. . GouldNew York Court of Appeals · 1852
- Cream City Glass Co. v. FriedlanderWisconsin Supreme Court · 1893
- Smith v. . Rector, Etc., of St. Philip's ChurchNew York Court of Appeals · 1888
- Rowell v. OlesonSupreme Court of Minnesota · 1884
- Brown v. EverhardWisconsin Supreme Court · 1881
23 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- J. I. Case Threshing MacHine Co. v. E. B. Hall & Keating Implement Co.Court of Appeals of Texas · 1903
- Fox v. WilkinsonWisconsin Supreme Court · 1907
- Best Manufacturing Co. v. HuttonMontana Supreme Court · 1914
- Port Huron MacHinery Co. v. WohlersSupreme Court of Iowa · 1928
- Kohler v. West Side Railroad Co.Wisconsin Supreme Court · 1898
11 more not listed; retrieve them via the Exa API.