Prince v. Overholser
Wisconsin Supreme Court
APPEAL from the Circuit Court for Ashland County. The facts are stated in the opinion. The defendant appeals from a judgment in favor of the plaintiff.
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APPEAL from the Circuit Court for Ashland County. The facts are stated in the opinion. The defendant appeals from a judgment in favor of the plaintiff. They contended, inter alia, that the plaintiff’s representation as to what lauds could be located under the warrant was a warranty, for the breach of which the defendant might rescind the sale. 1 Parsons, Cont. 580; Giffert v. West, 33 Wis. 617; Brooks v. McDonnell, 41 id. 139; Heave v. Arntz, 56 id. 174; Passenger v. Thorium, 35 Barb. 17; 8. O. 34 N. Y. 634. They argued that the statement of the plaintiff did not constitute a warranty, being…
1Opinion of the CourtOetoN, J.
The plaintiff owned a bounty land-warrant, No. 66,828. A Mr. Lambert and a Mr. Hagarty offered him $500 for it, on condition that the person for whom they were purchasing it should within ten days be satisfied with it, and they went to the office of the defendant, who was a land agent, to have him receipt for it and hold it to be delivered to the purchaser on payment to him for the plaintiff of $500, or, if not so sold, to be returned to the plaintiff. While Hagarty was drawing the receipt, according to the testimony of the defendant he asked the plaintiff if the warrant or certificate would…
2Cases cited6 opinions
- Slaughter's Administrator v. GersonSupreme Court of the United States · 1872
- Brown v. LeachMassachusetts Supreme Judicial Court · 1871
- Mamlock v. FairbanksWisconsin Supreme Court · 1879
- Daniel v. MitchellU.S. Circuit Court for the District of Maine · 1840
- Hill v. BushSupreme Court of Arkansas · 1858
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Guthrie & Western Railroad v. RhodesSupreme Court of Oklahoma · 1907
- Kaiser v. NummerdorWisconsin Supreme Court · 1904
- Farr v. PetersonWisconsin Supreme Court · 1895
- Miller v. OsterlundSupreme Court of Minnesota · 1923
- Sheldon v. DavidsonWisconsin Supreme Court · 1893
6 more not listed; retrieve them via the Exa API.