Smith v. Goldberg
Wisconsin Supreme Court
Appeal from a judgment of tbe municipal court of Marathon county: Louis Marchetti, Judge. This action was brought upon a special contract for the sale of a stallion by the defendant to the plaintiffs for the agreed price of $600. The contract contained the following stipulation or warranty: “I warrant the Perdieron stallion, this date traded to A. W. Smith, B. R. Wright, and W. R. Ranchett, to be an average foal getter if rightly managed, and in case he does not prove to be…
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Appeal from a judgment of tbe municipal court of Marathon county: Louis Marchetti, Judge. This action was brought upon a special contract for the sale of a stallion by the defendant to the plaintiffs for the agreed price of $600. The contract contained the following stipulation or warranty: “I warrant the Perdieron stallion, this date traded to A. W. Smith, B. R. Wright, and W. R. Ranchett, to be an average foal getter if rightly managed, and in case he does not prove to be so I will replace him with another horse of the same breed and age, equally as good, or refund the six hundred dollars…
1Opinion of the CourtNerwiw, J.
The provisions of the contract of sale respecting the stipulation that, if the stallion purchased should not prove to be an average foal getter, the defendant would replace him with another horse of the same breed and age “equally as good,” is rather ambiguous; but it is clear from the evidence that the intention of the parties was that the horse substituted should comply with the warranty as to being an average foal getter. This is not denied by defendant. So it follows that by the terms of the contract the defendant was bound to furnish an average foal getter of the same breed and age as…
2Cases cited9 opinions
- Boothby v. ScalesWisconsin Supreme Court · 1871
- Park v. Richardson & Boynton Co.Wisconsin Supreme Court · 1892
- Pratt v. S. Freeman & Sons Manufacturing Co.Wisconsin Supreme Court · 1902
- Smeesters v. SchroederWisconsin Supreme Court · 1904
- Ferrell v. EllisSupreme Court of Iowa · 1906
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