Bannon v. C. Aultman & Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Dane County. Action to recover the consideration paid by the plaintiff for a threshing machine which, it is alleged, failed to fulfil the representations and warranty of the defendant with respect thereto. The facts will sufficiently appear from the opinion. There was a verdict in favor of the plaintiff, and from the judgment entered thereon the defendant appealed.
Read the full summary
APPEAL from the Circuit Court for Dane County. Action to recover the consideration paid by the plaintiff for a threshing machine which, it is alleged, failed to fulfil the representations and warranty of the defendant with respect thereto. The facts will sufficiently appear from the opinion. There was a verdict in favor of the plaintiff, and from the judgment entered thereon the defendant appealed. They contended, inter alia, that the plaintiff, having signed and delivered a specific, clear, and exclusive order and contract to the defendant, prepared upon one of the defendant’s printed…
1Opinion of the Court
. Cole, C. J.
In this case the plaintiff seeks to recover tbe consideration which he has paid for a thresher which the defendant company sold him with an express warranty that with proper use and management the machine would do as good work as any other of its size made in the United States. The plaintiff claims to have fairly tested the machine, and found it defective and not fulfilling the warranty, so he returned it to the place and person where it was received. He gave two negotiable promissory notes for the purchase money,-one of which he has paid, and the other has been negotiated, so…
2Cited by7 opinions
- Humbert v. MeyersSupreme Court of Pennsylvania · 1924
- Minnehoma Oil Co. v. KoonsSupreme Court of Oklahoma · 1924
- Manistee Iron Works Co. v. Shores Lumber Co.Wisconsin Supreme Court · 1896
- Huber v. St. Joseph's HospitalIdaho Supreme Court · 1905
- Warder, Bushnell & Glessner Co. v. PischerWisconsin Supreme Court · 1901
2 more not listed; retrieve them via the Exa API.