Stowell Co. v. South Side Malleable Casting Co.
Wisconsin Supreme Court
Appeál from a judgment of the circuit court for Milwaukee county: Oscar M. Fritz, Circuit Judge. This action was brought to recover the sum of $5,763, with interest, which sum represents the cost of certain .annealing pots alleged to have been sold and delivered by the plaintiff to defendant on or about December 21 and December 31, 1918. Plaintiff claims that on December 21, 1918, it sold and delivered to defendant a carload of annealing pots at the agreed price of $2,766,…
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Appeál from a judgment of the circuit court for Milwaukee county: Oscar M. Fritz, Circuit Judge. This action was brought to recover the sum of $5,763, with interest, which sum represents the cost of certain .annealing pots alleged to have been sold and delivered by the plaintiff to defendant on or about December 21 and December 31, 1918. Plaintiff claims that on December 21, 1918, it sold and delivered to defendant a carload of annealing pots at the agreed price of $2,766, which were received and accepted by defendant, and that on December 31, 1918, another carload of such pots at the agreed…
1Opinion of the CourtSiebecker, C. J.
The defendant claims that the trial court committed prejudicial error in refusing to instruct the *218jury as requested that “Where goods purchased are necessarily used to maintain a manufacturing plant in operation, the use of the goods is not a waiver of the right to claim damages if the goods were not merchantable or of the quality contracted for.” The question submitted to the jury involves the inquiry whether the annealing pots were in fact merchantable articles. True, the language used in framing the question asked was whether the pots were reasonably fit for the particular purpose for…
2Cases cited1 opinion
- Oscar Smith & Sons Co. v. Janesville Batting MillsWisconsin Supreme Court · 1912