Hoffman v. Dixon
Wisconsin Supreme Court
Appeal from a judgment of the eirouit court for Kenosha county: Peaste M. Eish, Circuit Judge. Action to recover damages for breach of warranty on the following facts: Plaintiff, a farmer, by Martin L. Hoffman, Jr., his son, who wag duly authorized thereto, applied to the defendant, a country merchant who kept seeds for sale, among other things, to buy some rape seed. The business on the part of the defendant was done by one of his regular clerks.
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Appeal from a judgment of the eirouit court for Kenosha county: Peaste M. Eish, Circuit Judge. Action to recover damages for breach of warranty on the following facts: Plaintiff, a farmer, by Martin L. Hoffman, Jr., his son, who wag duly authorized thereto, applied to the defendant, a country merchant who kept seeds for sale, among other things, to buy some rape seed. The business on the part of the defendant was done by one of his regular clerks. Mr. Hoffman asked the clerk if they had rape seed for sale. He replied in the affirmative, whereupon Mr. Hoffman said he would take twenty-five…
1Opinion of the CourtMaeshall, J.
The learned circuit judge, in granting the nonsuit, followed Seixas v. Woods, 2 Caines, 48, and a few other authorities in this country in harmony therewith, most of such authorities being decisions of the supreme court of Pennsylvania to the effect that, in the sale of an article, wTith opportunity on the party of the vendee to inspect it before purchasing, the vendor being neither' the manufacturer nor producer of such article, the maxim caveat emptor applies both as to the quality and identity thereof. The Seixas Case was decided in 1S04. Kent, J., who wrote the opinion, grounded the…
2Cases cited10 opinions
- White v. . MillerNew York Court of Appeals · 1877
- Hawkins v. . PembertonNew York Court of Appeals · 1872
- Seixas v. WoodsNew York Supreme Court · 1804
- Bradford v. ManlyMassachusetts Supreme Judicial Court · 1816
- Steadman v. GuthrieCourt of Appeals of Kentucky · 1862
5 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Ross v. Northrup, King & Co.Wisconsin Supreme Court · 1914
- Pyle v. Eastern Seed Co.Texas Supreme Court · 1946
- Henderson v. BerceSupreme Judicial Court of Maine · 1946
- Borg v. DowningWisconsin Supreme Court · 1936
- Hise v. Romeo Stores Co.Supreme Court of Colorado · 1921
13 more not listed; retrieve them via the Exa API.