Northern Supply Co. v. Wangard
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Lincoln county: W. O. Silverthorn, Circuit Judge. Action to recover a balance of $144.26 claimed to be due for a quantity of potatoes sold by plaintiff to defendant, delivered on board cars at Tomahawk, Wisconsin, where the latter was engaged in the grocery business.
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Appeal from a judgment of the circuit court for Lincoln county: W. O. Silverthorn, Circuit Judge. Action to recover a balance of $144.26 claimed to be due for a quantity of potatoes sold by plaintiff to defendant, delivered on board cars at Tomahawk, Wisconsin, where the latter was engaged in the grocery business. Defendant counterclaimed that the potatoes were for use in his business as a retail grocer; that one car load thereof was guarantied to be good sound white stock suitable for such business; that the same proved upon examination, a few days after being received, not to be aj3…
1Opinion of the CourtMaRshalx, J.
Taking a general view of the instructions given in this case, which we are permitted to do within .the scope of the exceptions thereto and the assignments of error, it appears that sufficient care was not used to carefully restrain the attention of the jury to the aspect of the evidence *626tending to establish, breach of implied warranty only. The rules governing such a warranty are radically different from those applicable to an express warranty. Where there is the latter in respect to any particular matter, it excludes the right that might otherwise exist to recover upon the former. Benjamin,…
2Cases cited7 opinions
- Bostwick v. Mutual Life Insurance Co.Wisconsin Supreme Court · 1903
- Locke v. WilliamsonWisconsin Supreme Court · 1876
- Morehouse v. ComstockWisconsin Supreme Court · 1877
- Olson v. MayerWisconsin Supreme Court · 1883
- Waupaca Electric Light & Railway Co. v. Milwaukee Electric Railway & Light Co.Wisconsin Supreme Court · 1901
2 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Jacobsen v. WhitelyWisconsin Supreme Court · 1909
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- Cudahy Packing Co. v. NarzisenfeldCourt of Appeals for the Second Circuit · 1924
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- Baker v. BeckerWisconsin Supreme Court · 1913
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