Warder, Bushnell & Glessner Co. v. Pischer
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Clark county: James O’Neill, Circuit Judge. This action was commenced in justice’s court. The complaint shows that on August 4, 1899, plaintiff sold the defendant a binder upon a written order; the price to be $110, with sis per cent, interest.
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Appeal from a judgment of the circuit court for Clark county: James O’Neill, Circuit Judge. This action was commenced in justice’s court. The complaint shows that on August 4, 1899, plaintiff sold the defendant a binder upon a written order; the price to be $110, with sis per cent, interest. A note for the amount was to be given on demand, after receipt of the machine, payable November 1, 1900. One of the conditions of the sale was that if, upon one day’s trial, the machine did not work well, the defendant was to give plaintiff or its agent immediate notice, and allow time to send a person to…
1Opinion of the CourtBaedeeN, J.
The result reached on the trial of this case shows a somewhat curious complication of affairs. The plaintiff bases its right to a recovery upon the claim that it sold the binder upon the conditions set out in the statement, and that after it had been tried, and notice given that it did not work well, an agent was sent, who put it in order and made it work in full compliance with the contract. Upon proof of these facts, and that defendant refused to pay for the machine, the plaintiff had a right to recover damages for refusal of defendant to give the note as agreed, unless it was to show that…
2Cases cited2 opinions
- Bannon v. C. Aultman & Co.Wisconsin Supreme Court · 1891
- Peerless Reaper Co. v. ConwayWisconsin Supreme Court · 1891
3Cited by5 opinions
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- Swisher-Orrison Co. v. W. E. Rogers & SonCourt of Appeals of Texas · 1934
- Goddard v. Lexington Motor Co.Utah Supreme Court · 1924
- Carroll v. United StatesUnited States Court of Claims · 1928