Manny v. Glendinning
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for La Fayette County. Action on a negotiable note given by tbe respondents to Manny, Blinn & Co., in part payment for a reaper, and indorsed by the payees, before due, to Manny and Blinn, wbo were members of tbe firm at tbe date of tbe note. Tbe defense was a breaeb of warranty, and that tbe reaper bad been returned to tbe vendors and accepted by them.
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APPEAL from tbe Circuit Court for La Fayette County. Action on a negotiable note given by tbe respondents to Manny, Blinn & Co., in part payment for a reaper, and indorsed by the payees, before due, to Manny and Blinn, wbo were members of tbe firm at tbe date of tbe note. Tbe defense was a breaeb of warranty, and that tbe reaper bad been returned to tbe vendors and accepted by them. Several witnesses testified tbat tbe reaper was warranted to do good work, and one of them testified tbat the agent wbo made tbe sale told tbe purchasers “ tbat they might take tbe reaper borne and try it, and if…
1Opinion of the Court
By the Court,
PAINE, J.
The instructions of the court below to the jury, are obnoxious to the criticism pronounced on them by the counsel for the appellants. They clearly imply that the rights of the plaintiffs, and the duties of the defendants, would be different, if the language used in making the contract was, that “ if the reaper did not do good work, it might be returned,” from what they would have been, if the language was, that “if it would not do good work, it might be returned.” We think no such difference exists, but that, the substantial meaning of the contract, in either form, was,…
2Cases cited3 opinions
- Morris v. RunnellsTexas Supreme Court · 1854
- Hooker v. State ex rel. HaynesIndiana Supreme Court · 1844
- Carey v. Callan'sCourt of Appeals of Kentucky · 1845
3Cited by5 opinions
- Exhaust Ventilator Co. v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1886
- Barton v. KaneWisconsin Supreme Court · 1863
- Sherburne v. RodmanWisconsin Supreme Court · 1881
- State ex rel. Field v. AveryWisconsin Supreme Court · 1864
- Caswell v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1877