Boothby v. Scales
Wisconsin Supreme Court
APPEAL from the Circuit Court for La Fayette County. Action upon a promissory note, commenced before a justice of the peace.
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APPEAL from the Circuit Court for La Fayette County. Action upon a promissory note, commenced before a justice of the peace. The answer set up the following defense: That the note in' question was given by defendant to plaintiff for a fanning mill, called the Eureka Fanning Mill; that plaintiff warranted and represented to defendant that said mill was a good mill; that it would clean wheat for ordinary purposes from 75 to 100 bushels an hour, and for seed from 50 to 75 bushels an hour; that it would separate oats from wheat, leaving both in marketable order; and' that it would clean all kinds…
1Opinion of the CourtDixon, C. J.
It may reasonably be doubted whether the first answer of the defendant was not sufficient to admit proof of an implied warranty. But whether it. was or not, there was no error in permitting the amendment. The court was satisfied, and no doubt properly so, notwithstanding the affidavit of the plaintiff Platt, that it was not a case of surprise or injustice to the plaintiffs to allow it. It was obvious, as to the implied warranty which it was the object of the amended answer to set up, that the plaintiffs had all the testimony before the court and jury of which that issue was susceptible. They…
2Cases cited11 opinions
- Barnett v. StantonSupreme Court of Alabama · 1841
- Fisk v. TankWisconsin Supreme Court · 1860
- Kellogg v. DenslowSupreme Court of Connecticut · 1841
- Merriam v. FieldWisconsin Supreme Court · 1869
- Thompson v. BottsSupreme Court of Missouri · 1844
6 more not listed; retrieve them via the Exa API.
3Cited by49 opinions
- Pierson v. . CrooksNew York Court of Appeals · 1889
- Whalen v. GordonCourt of Appeals for the Eighth Circuit · 1899
- J. I. Case Plow Works v. Niles & Scott Co.Wisconsin Supreme Court · 1895
- Blackmore v. Fairbanks, Morse & Co.Supreme Court of Iowa · 1890
- Gammon v. AbramsWisconsin Supreme Court · 1881
44 more not listed; retrieve them via the Exa API.