Woodle v. Whitney
Wisconsin Supreme Court
APPEAL from the Circuit Court for Greene County. Action on an executory contract for the manufacture and sale of corn cultivators, on the ground that those made were not such as the contract called for.
Read the full summary
APPEAL from the Circuit Court for Greene County. Action on an executory contract for the manufacture and sale of corn cultivators, on the ground that those made were not such as the contract called for. The facts found by the court were as follows: On the 8th of May, 1866, defendants, who were manufacturers and partners in business at Monroe, in Green county, agreed with plaintiffs to manufacture and construct for the latter, in a good and workmanlike manner, ten corn' cultivators of the pattern and model of Howe’s cultivator, the whole of them to be completed by the 5th of June, and five of…
1Opinion of the CourtDixoN, C. J.
In this case we hold that the plaintiffs had a right to rescind the contract and recover' back the money paid. This right was not lost by taking the cultivators for trial. The plaintiffs could receive and test them, and, if found defective, return them and bring their action. This was the view of the court in Fisk v. Tank, 12 Wis. 303, which is fully sustained by the authorities there referred to, and by the late case of Reed v. Randall in the Court of Appeals, 29 N. Y. 358, though the court there seem to hold that the remedy by a return of the property to the vendor after the vendee has *57had…
2Cases cited2 opinions
- Reed v. . RandallNew York Court of Appeals · 1864
- Fisk v. TankWisconsin Supreme Court · 1860
3Cited by9 opinions
- Whalen v. GordonCourt of Appeals for the Eighth Circuit · 1899
- Boothby v. ScalesWisconsin Supreme Court · 1871
- Urwan v. Northwestern National Life InsuranceWisconsin Supreme Court · 1905
- School District v. HayneWisconsin Supreme Court · 1879
- Merrill v. NightingaleWisconsin Supreme Court · 1875
4 more not listed; retrieve them via the Exa API.