Keeler v. Jacobs
Wisconsin Supreme Court
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
- Wilson v. PlankWisconsin Supreme Court · 1876
- Goldsworthy v. Town of LindenWisconsin Supreme Court · 1889
- Bigelow v. SicklesWisconsin Supreme Court · 1890
- Finch v. PhillipsWisconsin Supreme Court · 1877
3Cited by3 opinions
- Isaacs v. MacdonaldMassachusetts Supreme Judicial Court · 1913
- Van Dyke v. Ogden Savings BankUtah Supreme Court · 1916
- Gile v. ColbyWisconsin Supreme Court · 1896