Hind v. Thomas
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Iowa, county: L. H. Bancroft, Circuit Judge. Action to- recover $147.50, the purchase price of a mare sold to defendant by plaintiff at a certain auction sale in Iowa county. ■ Defendant admitted that he bought the mare, but alleged that the sale was conditioned on a warranty that the horse was sound, and that in due time he rescinded the sale because the mare was spavined, and attempted to return her, but was forced to keep,…
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Appeal from a judgment of the circuit court for Iowa, county: L. H. Bancroft, Circuit Judge. Action to- recover $147.50, the purchase price of a mare sold to defendant by plaintiff at a certain auction sale in Iowa county. ■ Defendant admitted that he bought the mare, but alleged that the sale was conditioned on a warranty that the horse was sound, and that in due time he rescinded the sale because the mare was spavined, and attempted to return her, but was forced to keep, her by plaintiff. By way of counterclaim defendant alleged there was due him $122.75 for fourteen months’ care of the…
1Opinion of the CourtJones, J.
The nature of the defense relied on by defendant is found in the following allegation of the answer;
“That at said sale, when the horse in question was on the block, the auctioneer, plaintiff’s agent, represented and warranted that while the said animal had swollen legs they *382were entirely from non-use, and that anybody purchasing was safe in so doing; that the owner guaranteed and warranted that the said legs would ‘come all right,’ and that the horse was sound in every respect.”
The following was the first question in the special verdict : “Did the plaintiff at the time of the sale represent…
2Cases cited9 opinions
- Giffert v. WestWisconsin Supreme Court · 1873
- Hrouska v. JankeWisconsin Supreme Court · 1886
- Brillion Lumber Co. v. BarnardWisconsin Supreme Court · 1907
- Smith v. ReedWisconsin Supreme Court · 1910
- Dolphin v. Peacock Mining Co.Wisconsin Supreme Court · 1914
4 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Davies v. Oshkosh Airport, Inc.Wisconsin Supreme Court · 1934