Legal Opinion

Finch v. Phillips

Wisconsin Supreme Court

Decided January 15, 1877PublishedCited by 4 opinions

APPEAL from the Circuit Court for Fond duLao County. Action for damages for the alleged breach of a warranty of soundness on the sale of a mare. The answer admits that the defendant sold the plaintiff a mare at the time and for the price stated in the complaint, and contains a general denial of all other allegations of the complaint.

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APPEAL from the Circuit Court for Fond duLao County. Action for damages for the alleged breach of a warranty of soundness on the sale of a mare. The answer admits that the defendant sold the plaintiff a mare at the time and for the price stated in the complaint, and contains a general denial of all other allegations of the complaint. It appeared on the trial that the plaintiff purchased the mare of the defendant at Delavan in Walworth county; that the defendant drove her to Watertown, and delivered her to the agent of the plaintiff, who drove her to Oshkosh, where .the plaintiff resides, and…

1Opinion of the CourtLyoN, J.

1. In his testimony on the trial, the • defendant substantially denied that he warranted the mare sound, and stated the contract to have been that if she did not suit the plaintiff* after he had tried her, the defendant would let him have buggies or other horses for her. The letter of June 7, 1874, the admission of which in evidence is assigned as error, is not as pointed as the testimony of the defendant, yet perhaps it may fairly be understood as implying the same version of the contract. We have then a case in which a party has been permitted to give in evidence his written declarations on…

2Cases cited1 opinion

  1. Hazleton v. Union Bank of ColumbusWisconsin Supreme Court · 1873

3Cited by4 opinions

  1. Goldsworthy v. Town of LindenWisconsin Supreme Court · 1889
  2. Keeler v. JacobsWisconsin Supreme Court · 1894
  3. Smith v. GroverWisconsin Supreme Court · 1889
  4. Torrey v. NixonWisconsin Supreme Court · 1877

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