White v. Hale
Wisconsin Supreme Court
APPEAL from the Circuit Court for Hacine County. This action was brought to recover damages for an alleged breach of warranty.
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APPEAL from the Circuit Court for Hacine County. This action was brought to recover damages for an alleged breach of warranty. The complaint (duly verified) avers that, “ the plaintiff wishing to buy, and the defendant offering to sell this plaintiff a certain horse, warranted and represented said liorse to be all right, sound, hind and true and gentle, and quiet in harness, and good every way to work and use; ” that the plaintiff, “ relying upon said warranty and representations, then and there purchased said horse, and paid the defendant his note therefor,” for $115 with interest; that, “at…
1Opinion of the CourtLyon, J.
The learned counsel for the defendant assumes that the action sounds in tort, and that the defendant is entitled to costs under section 2920 and subdivision 5 of section 2918, E. S, "Were this an action of tort, his position would be correct. But it is not such an action. Although the complaint seems to have been originally drawn charging a fraudulent warranty, it has been amended by striking out everything *426which tends to charge fraud or deceit; and as it now stands it states a cause of action ex contractu, and not ex delicto. The action being upon contract, the demand in the complaint…
2Cases cited1 opinion
- Power v. RockwellWisconsin Supreme Court · 1876