Merriam v. Field
Wisconsin Supreme Court
APPEAL from the Circuit Court for Milwaukee County. The memorandum of sale referred to in the opinion in this case was as follows: “Know all men by these presents, that I, Burgess P. Field, of, etc., in consideration of amount of lumber agreed on, being seven hundred and fifty thousand feet, warranted free from any incumbrances, and against any adverse claims, and sell and convey to B. I>. Merriam, having received payment in full for the same.
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APPEAL from the Circuit Court for Milwaukee County. The memorandum of sale referred to in the opinion in this case was as follows: “Know all men by these presents, that I, Burgess P. Field, of, etc., in consideration of amount of lumber agreed on, being seven hundred and fifty thousand feet, warranted free from any incumbrances, and against any adverse claims, and sell and convey to B. I>. Merriam, having received payment in full for the same. Witness my hand and seal, this 21st day of June, A. D. 1859. Burgess P. Field.” One ground of defense set up in the answer was, that no cause of action…
1Opinion of the CourtPaine, J.
This action was brought to recover damages for an alleged breach of warranty on the sale Of lumber. A written note or memorandum of th# sale was executed by the vendor, which was very informal, but contained an express warranty of title and against incumbrances, with no warranty that the lumber was merchantable. On the trial below, the plaintiff offered evidence to show that a large amount of the lumber was “ culls,” and that these were not merchantable lumber, and to show the difference between their value and that of merchantable lumber. This evidence was excluded, upon the ground that “…
2Cited by19 opinions
- Boothby v. ScalesWisconsin Supreme Court · 1871
- J. I. Case Plow Works v. Niles & Scott Co.Wisconsin Supreme Court · 1895
- Blackmore v. Fairbanks, Morse & Co.Supreme Court of Iowa · 1890
- Bunch v. WeilSupreme Court of Arkansas · 1904
- Hood v. Bloch Bros.West Virginia Supreme Court · 1886
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