Ketchum v. Ebert
Wisconsin Supreme Court
• APPEAL from the Circuit Court for Waupaca County. The action was brought by Ketchum and Hoxie, to recover damages sustained by the alleged breach of a covenant of warranty in a contract for the sale of certain saw logs by the defendant Ebert to them. The answer admitted the contract, but alleged fraud on the part of plaintiffs, and set up a counterclaim for the value of certain logs.
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• APPEAL from the Circuit Court for Waupaca County. The action was brought by Ketchum and Hoxie, to recover damages sustained by the alleged breach of a covenant of warranty in a contract for the sale of certain saw logs by the defendant Ebert to them. The answer admitted the contract, but alleged fraud on the part of plaintiffs, and set up a counterclaim for the value of certain logs. The evidence was conflicting as to whether the logs received by the plaintiffs from defendant were received under the contract set forth in the complaint, or under a subsequent agreement. argued, inter alia,…
1Opinion of the Court
Disoít, O. J.
There was evidence tending to show that the logs received by the plaintiffs from the defendant were not received upon the contract, and that the plaintiffs did not accept them under it, but under a subsequent agreement made with the defendant. The plaintiff Ketchum testified very positively that this was so, and he was corroborated by the testimony of his coplaintiff, Hoxie. In view of that testimony, we think the court encroached upon the province of the jury in the remarks found in the instructions numbered four and five. In the fourth instruction, the judge said: “ There is…
2Cases cited10 opinions
- Roseboom v. BillingtonNew York Supreme Court · 1819
- McMorris v. SimpsonNew York Supreme Court · 1839
- Ford v. SmithWisconsin Supreme Court · 1870
- Read v. HurdNew York Supreme Court · 1831
- New-York Firemen Insurance v. WaldenCourt for the Trial of Impeachments and Correction of Errors · 1815
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3Cited by3 opinions
- F. Dohmen Co. v. Niagara Fire InsuranceWisconsin Supreme Court · 1897
- Dingman v. StateWisconsin Supreme Court · 1880
- Horr v. C. W. Howard Co.Wisconsin Supreme Court · 1905