Mechanical Appliance Co. v. A. Kieckhefer Elevator Co.
Wisconsin Supreme Court
Appeal from an order of tbe circuit court for Milwaukee county: E. 0. EschweileR, Circuit Judge. Tbe action was commenced in tbe civil court of Milwaukee county. It was to recover on contract for tbe sale price of a K7B UJ- HP. rotor sold defendant at $40.50, a K8A 5 HP. rotor sold defendant at $54, and $23.29 for repairing a K9 rotor. Tbe complaint was in tbe usual form.
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Appeal from an order of tbe circuit court for Milwaukee county: E. 0. EschweileR, Circuit Judge. Tbe action was commenced in tbe civil court of Milwaukee county. It was to recover on contract for tbe sale price of a K7B UJ- HP. rotor sold defendant at $40.50, a K8A 5 HP. rotor sold defendant at $54, and $23.29 for repairing a K9 rotor. Tbe complaint was in tbe usual form. Tbe defendant answered tbat tbe claim for $23.29 was for work and material to make tbe appliance referred to comply witb tbe warranty upon wbicb it was sold to defendant; tbat tbe claim of $40.50 was for a rotor delivered to…
1Opinion of the CourtMaRShall, J.
Principles which are quite familiar rule this case. They have been so frequently stated and applied, it would seem a useless repetition to do it anew, if it were not for evidence, now and then, either that they are not always kept in mind in determining upon tbe advisability of an appeal, or tbe force wbicb tbe court, in tbe interest of justice to litigants and tbe public, has been accustomed to give them, is not always appreciated. Erom tbe viewpoint suggested, we are constrained to make this restatement.
A court, in reviewing, on appeal, tbe result of a trial, should *67presume that the…
2Cases cited5 opinions
- Powell v. Ashland Iron & Steel Co.Wisconsin Supreme Court · 1897
- Slam v. Lake Superior Terminal & Transfer Railway Co.Wisconsin Supreme Court · 1913
- Adlington v. City of ViroquaWisconsin Supreme Court · 1914
- Pabst Brewing Co. v. Milwaukee Lithographing Co.Wisconsin Supreme Court · 1914
- Keck v. Michigan Quartz Silica Co.Wisconsin Supreme Court · 1914
3Cited by10 opinions
- Yahnke v. LangeWisconsin Supreme Court · 1919
- Bell v. Milwaukee Electric Railway & Light Co.Wisconsin Supreme Court · 1919
- Estate of GilbertWisconsin Supreme Court · 1918
- Harper v. McMahonWisconsin Supreme Court · 1918
- Ott v. Cream City Sand Co.Wisconsin Supreme Court · 1917
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