Park v. Richardson
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Langlade county: JohN GoodlaND, Circuit Judge. The plaintiffs bought of the defendant a furnace for heating their building. The furnace was warranted to work satisfactorily. It did not work satisfactorily. The plaintiffs brought this action to recover damages for the breach of the warranty. There was a jury trial, resulting in verdict and judgment for the plaintiffs, from which the defendant appeals.
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Appeal from a judgment of the circuit court for Langlade county: JohN GoodlaND, Circuit Judge. The plaintiffs bought of the defendant a furnace for heating their building. The furnace was warranted to work satisfactorily. It did not work satisfactorily. The plaintiffs brought this action to recover damages for the breach of the warranty. There was a jury trial, resulting in verdict and judgment for the plaintiffs, from which the defendant appeals. Error is alleged in the charge of the court as to the measure of damages. The court instructed the jury that, in case they found for the…
1Opinion of the CourtNewman, J.
When this case was here before (81 Wis. 899),. it was said that the proper rule of damages for breach of the' warranty of the furnace would be “ the difference between) its actual value and its value had it conformed with the warranty.” This is undoubtedly the true rule. Suth. Dam. (2di ed.), § 670; Morse v. Hutchins, 102 Mass. 440. The rule-stated by the trial court is not the equivalent of the true-rule. The rule of the trial court deprives the purchaser of the profit of his bargain if he has made a good one, and gives him an undue advantage if he has made a bad one. The furnace may have…
2Cases cited1 opinion
- Morse v. HutchinsMassachusetts Supreme Judicial Court · 1869
3Cited by3 opinions
- Forster, Waterbury Co. v. F. MacKinnon Manufacturing Co.Wisconsin Supreme Court · 1907
- Abrahamson v. CummingsWashington Supreme Court · 1911
- Dunck Tank Works, Inc. v. SutherlandWisconsin Supreme Court · 1940