Fairfield v. Madison Manufacturing Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Green Lake County. The complaint in this action sets out a contract of warranty by the defendant of a certain reaping and mowing machine sold by it to the 'plaintiff, and claims damages for alleged breaches thereof. The answer admits the making of the contract substantially as stated in the complaint, but sets out additional stipulations therein contained, which it is claimed are fatal to the plaintiff’s right to recover.
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APPEAL from the Circuit Court for Green Lake County. The complaint in this action sets out a contract of warranty by the defendant of a certain reaping and mowing machine sold by it to the 'plaintiff, and claims damages for alleged breaches thereof. The answer admits the making of the contract substantially as stated in the complaint, but sets out additional stipulations therein contained, which it is claimed are fatal to the plaintiff’s right to recover. The contract, which is contained in an order given by the plaintiff for the machine and accepted by the defendant, was read in evidence on…
1Opinion of the CourtLyojst, J.
The first question to be considered is, Does the testimony tend to prove all of the facts essential to constitute a cause of action ? It was evidently intended by the parties, when they entered into the original contract, that the title to the machine should not vest in the plaintiff until he had tried it. If upon trial it fulfilled the terms of the. warranty, or if the plaintiff used it in reaping more than two days, the title passed to the plaintiff. After thus using the machine two days the plaintiff would be estopped from asserting a breach of the contract of warranty, except for hidden…
2Cases cited2 opinions
- Boothby v. ScalesWisconsin Supreme Court · 1871
- Blackwood v. JonesWisconsin Supreme Court · 1871
3Cited by7 opinions
- Fox v. WilkinsonWisconsin Supreme Court · 1907
- Smeesters v. SchroederWisconsin Supreme Court · 1904
- Coad v. CoadWisconsin Supreme Court · 1876
- Kahn v. KlabundeWisconsin Supreme Court · 1880
- Hurley Gasoline Co. v. Johnson Oil Ref. Co.Supreme Court of Oklahoma · 1926
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