Valley Iron Works Manufacturing Co. v. Grand Rapids Flouring Mill Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Fonddu Lae County. This action was brought to recover the purchase price of •a water wheel and fixtures, and for the amount of which the plaintiff had a verdict and judgment, and the defendant appealed. The price of the wheel was $700, and for that amount notes were given by the defendant.
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APPEAL from the Circuit Court for Fonddu Lae County. This action was brought to recover the purchase price of •a water wheel and fixtures, and for the amount of which the plaintiff had a verdict and judgment, and the defendant appealed. The price of the wheel was $700, and for that amount notes were given by the defendant. The complaint counts, first, on the sale and delivery of the wheel; second, on the notes for the price; and, third, upon the sale and delivery of certain fixtures for $84. The defendant insisted that the notes were not executed in such a manner as to bind and become the…
1Opinion of the CourtPinnet, J.
1. The contract of sale of the wheel in question was for a sale upon trial and acceptance, and not of a present sale with warranty. The main question in the case is whether the defendant accepted the wheel or not, after the stipulated trial or such as it chose to make, before the action was commenced; and this was wholly a question of fact for' the jury to determine under the evidence produced. The instructions of the circuit court were full and clear on this and all other material issues, and that court was satisfied with the findings of the jury. There was evidence sufficient to support the…
2Cases cited1 opinion
- Barnes v. BurnsWisconsin Supreme Court · 1892