Olson v. Mayer
Wisconsin Supreme Court
APPEAL from the Circuit Court for Dane County. The plaintiff agreed to sell a crop of tobacco raised by him in 1881 to the defendants, who are partners and dealers in tobacco in the city of New York.
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APPEAL from the Circuit Court for Dane County. The plaintiff agreed to sell a crop of tobacco raised by him in 1881 to the defendants, who are partners and dealers in tobacco in the city of New York. The agreement is embraced in two written instruments, of which the following are copies: “AlbioN, September 12, 1881. “ I have this day sold to Joseph Mayer’s Sons, city of New York, my lot of tobacco, consisting of about eight and a half acres Spanish, at twelve cents per pound. Paid on two crops, $300. Table assorted, and agree to deliver the tobacco at Edgerton, properly assorted, and in good…
1Opinion of the CourtLyoN, J.
In Locke v. Williamson, 40 Wis., 377, it was held that if defective goods are delivered upon an executory contract of sale and purchase, if the defects in the goods are patent and obvious to the senses, and the purchaser has full opportunity for examination and knows of the defects, he must, either when he receives the goods or within what, under the circumstances, is a reasonable time thereafter, notify the seller that the goods are not accepted as fulfilling the warranty (or rather the conditions of the contract) in that behalf; otherwise the defects will be deemed waived.
When the contracts…
2Cases cited6 opinions
- Locke v. WilliamsonWisconsin Supreme Court · 1876
- Morehouse v. ComstockWisconsin Supreme Court · 1877
- Bacon v. EcclesWisconsin Supreme Court · 1877
- Bonnell v. JacobsWisconsin Supreme Court · 1874
- Merriam v. FieldWisconsin Supreme Court · 1876
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Ashland Lime, Salt & Cement Co. v. ShoresWisconsin Supreme Court · 1899
- Fox v. WilkinsonWisconsin Supreme Court · 1907
- Northern Supply Co. v. WangardWisconsin Supreme Court · 1903
- Larson v. Aultman & Taylor Co.Wisconsin Supreme Court · 1893
- Tacoma Coal Co. v. BradleyWashington Supreme Court · 1891
7 more not listed; retrieve them via the Exa API.