Kahn v. Malaney
Wisconsin Supreme Court
Appeal from a judgment of the superior court of Dane county: August C. Hoppmann, -Judge. Action to recover the balance claimed to be due upon the purchase price of one fur coat sold by plaintiff to defendant. The defense was that the coat delivered was not such a coat as had been contracted for.. Trial before the court and jury resulted in judgment for the defendant dismissing the complaint. From this judgment plaintiff appeals.
1Opinion of the Court
The following opinion was filed March 8, 1921:
Jones, J.
The court is equally divided in opinion upon the question involved on this appeal. Mr. Justice Vinje, Mr. Justice Rosenberry, and Mr. Justice Eschweiler are of the opinion that the judgment appealed from should be reversed. Mr. Chief Justice Siebecker, Mr. Justice Owen, and the writer are of the opinion that the judgment should be affirmed. Under the established rule it follows that the judgment appealed from must be affirmed. Application of Gruhl Sash & Door Co. 173 Wis. 215, 180 N. W. 845.
By the Court. — Judgment affirmed.
A motion for a…
2Cases cited1 opinion
- Application of Gruhl Sash & Door Co.Wisconsin Supreme Court · 1921
3Cited by2 opinions
- Scott Smith v. Greg KleynermanWisconsin Supreme Court · 2017
- Scott Smith v. Greg KleynermanWisconsin Supreme Court · 2017