Williams v. Thrall
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for 'W’inne-bago county: Geo. W. Bureell, Circuit Judge. They argued, among other things, that the defendants having failed to rescind the contract or to ask that the furnace be replaced by another, and having accepted and used the one furnished, their measure of damages was limited to the difference between the value of the property, if as represented, and its value as it actually is.
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Appeal from a judgment of the circuit court for 'W’inne-bago county: Geo. W. Bureell, Circuit Judge. They argued, among other things, that the defendants having failed to rescind the contract or to ask that the furnace be replaced by another, and having accepted and used the one furnished, their measure of damages was limited to the difference between the value of the property, if as represented, and its value as it actually is. Herman v. Gray, 79 Wis. 189; Warder v. Fisher, 48 id. 338-342.
1Opinion of the Court
The following opinion was filed October 11, 1898:
Cassoday, C. J.
The verified complaint is an ordinary complaint to enforce a mechanic’s lien, and alleges, in effect, that the plaintiffs, as principal contractors, sold, furnished, and put into the house of the defendant Thrall the combination hot-air and hot-water heating apparatus, for the agreed price of $460, and extras to the amount of $5.25, making $465.25; that no part thereof had been paid except $300; that there was still due and unpaid $165.25,— and prayed for the customary judgment.
*339The defendants Thrall and wife answered, to tbe…
2Cases cited3 opinions
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- Tilton v. J. L. Gates Land Co.Wisconsin Supreme Court · 1909
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