Bonnell v. Jacobs
Wisconsin Supreme Court
APPEAL from the Circuit Court for Milwaukee County. Action to recover the amount of an account for goods sold by tbe plaintiff to the defendant. The answer contained no denial of any of the material allegations of the complaint, but was solely a counterclaim for damages for the breach of an alleged warranty of a furnace theretofore sold by the plaintiff to the defendant.
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APPEAL from the Circuit Court for Milwaukee County. Action to recover the amount of an account for goods sold by tbe plaintiff to the defendant. The answer contained no denial of any of the material allegations of the complaint, but was solely a counterclaim for damages for the breach of an alleged warranty of a furnace theretofore sold by the plaintiff to the defendant. It is averred in the answer, that the plaintiff agreed to superintend the setting of the furnace in the dwelling house of the' defendant (then being erected), and undertook and warranted that such furnace “ would work…
1Opinion of the CourtLyon, J.
The answer does not controvert any of the material allegations of the complaint, and hence it admits those allegations to be true. R. S., ch. 125, sec. 31 (Tay. Stats., 1444, § 33). Had no evidence been given in the case, the plaintiff would have been entitled, on the pleadings, to judgment for the sum demanded in the complaint. The issue which was tried was made upon the counterclaim of the defendant, and is entirely independent of the cause of action stated in the complaint. The affirmative of such issue was with the defendant. And it is very clear that he should have been allowed to open…
2Cases cited3 opinions
- Fisk v. TankWisconsin Supreme Court · 1860
- Jarvis v. PeckWisconsin Supreme Court · 1865
- Getty v. RountreeWisconsin Supreme Court · 1850
3Cited by11 opinions
- Jacobsen v. WhitelyWisconsin Supreme Court · 1909
- Loxtercamp v. Lininger Implement Co.Supreme Court of Iowa · 1910
- Morehouse v. ComstockWisconsin Supreme Court · 1877
- Warder v. FisherWisconsin Supreme Court · 1880
- Olson v. MayerWisconsin Supreme Court · 1883
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