Legal Opinion

Keeler v. Jacobs

Wisconsin Supreme Court

Decided May 1, 1894PublishedCited by 3 opinions

APPEAL from, the Circuit Court for Grané County. The plaintiffs sued to recover $75, the price of a “Little Giant Grubber ” they claimed to have sold to the defendant, and the answer was a general denial.

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APPEAL from, the Circuit Court for Grané County. The plaintiffs sued to recover $75, the price of a “Little Giant Grubber ” they claimed to have sold to the defendant, and the answer was a general denial. At the trial before a jury, evidence was given on behalf of the plaintiffs of the delivery of the machine to defendant, April 11,1892, and tending to show that the defendant was to give it a fair trial and if it did not do good work he could return it; that in the following June defendant told one of the plaintiffs he was well satisfied with it. They wrote defendant, July 30, 1892: “We…

1Opinion of the CourtPinney, J.

1. The material question under the evidence was whether the defendant, within a reasonable time, returned the machine or notified the plaintiffs that he would not keep it. Unreasonable delay would operate as an acceptance of it. What was a reasonable time for a trial of it was a question of fact for the jury (Benj. Sales, §§ 596,-597), and such the circuit court seems to have understood to be the law. Although the jury were told that it was for them “ to say, under all the circumstances of the case, whether there was an acceptance of the machine by the defendant, or whether he unreasonably…

2Cases cited4 opinions

  1. Wilson v. PlankWisconsin Supreme Court · 1876
  2. Goldsworthy v. Town of LindenWisconsin Supreme Court · 1889
  3. Bigelow v. SicklesWisconsin Supreme Court · 1890
  4. Finch v. PhillipsWisconsin Supreme Court · 1877

3Cited by3 opinions

  1. Isaacs v. MacdonaldMassachusetts Supreme Judicial Court · 1913
  2. Van Dyke v. Ogden Savings BankUtah Supreme Court · 1916
  3. Gile v. ColbyWisconsin Supreme Court · 1896

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