Morehouse v. Comstock
Wisconsin Supreme Court
APPEAL from the Circuit Court for Grant County. Action to recover the contract price of a car load of apples, in barrels, sold by the plaintiffs to the defendant. The answer alleges, by way of counterclaim, that the apples were not merchantable, and that the defendant bad no opportunity to ex amine them before they were delivered to him.
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APPEAL from the Circuit Court for Grant County. Action to recover the contract price of a car load of apples, in barrels, sold by the plaintiffs to the defendant. The answer alleges, by way of counterclaim, that the apples were not merchantable, and that the defendant bad no opportunity to ex amine them before they were delivered to him. The facts, as they appeared at the trial, are briefly these: The plaintiffs were commission merchants and dealers in apples, at Milwaukee, and the defendant was a merchant or grocer at Boscobel. In October, 1874, the defendant, by letter, ordered the…
1Opinion of the CourtLyoh, J.
The record fails to show that there was any express warranty of the quality of the apples. The letter of the plaintiffs, in which they say to the defendant that he can rely upon the very best of fruit, relates exclusively to Mew York apples, and has no application to a purchase of Michigan apples. And so the learned circuit judge ruled on the trial. There was, however, an implied warranty that the apples were merchantable, that is, that they were conformable, as to kinds, condition and quality, to that which would be understood by the trade from the term “ Michigan apples,” these being the…
2Cases cited2 opinions
- Locke v. WilliamsonWisconsin Supreme Court · 1876
- Bonnell v. JacobsWisconsin Supreme Court · 1874
3Cited by20 opinions
- Bunch v. WeilSupreme Court of Arkansas · 1904
- Northern Supply Co. v. WangardWisconsin Supreme Court · 1903
- Larson v. Aultman & Taylor Co.Wisconsin Supreme Court · 1893
- J. Thompson Manufacturing Co. v. GundersonWisconsin Supreme Court · 1900
- Warder v. FisherWisconsin Supreme Court · 1880
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