McQuaid v. Ross
Wisconsin Supreme Court
APPEAL from the Circuit Court for Columbia, County. This case was before this court on a former appeal (77 Wis. 470), where the claims of the plaintiff are stated.
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APPEAL from the Circuit Court for Columbia, County. This case was before this court on a former appeal (77 Wis. 470), where the claims of the plaintiff are stated. Upon the new trial awarded the plaintiff sought to maintain that there was an implied warranty, upon the sale by the defendants to the plaintiff of the bull in question, that he was in all respects fit, suitable, and competent to perform the service for which he was purchased, namely, to generate his kind; and the plaintiff produced evidence to show that when he bought the bull he desired him for breeding purposes ; that the…
1Opinion of the CourtPinney, J.
There is no ground for contending that the plaintiff in purchasing the animal in question either asked the opinion or judgment of the vendors in respect to its procreative capacity, nor is there any reasonable or rational ground for imputing to them any information or knowledge' on that subject not possessed by the plaintiff, although they had raised the bull and were stock breeders. The plaintiff saw and inspected the animal before he made the purchase, and it was of the kind he desired to purchase. It is a well-understood principle of the common law in England, and almost universal in this…
2Cases cited7 opinions
- Barnard v. KelloggSupreme Court of the United States · 1871
- White v. . MillerNew York Court of Appeals · 1877
- Van Wyck v. . AllenNew York Court of Appeals · 1877
- Flick v. WetherbeeWisconsin Supreme Court · 1866
- White v. StellohWisconsin Supreme Court · 1889
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3Cited by15 opinions
- Denver Horse Importing Co. v. SchaferSupreme Court of Colorado · 1914
- J. Thompson Manufacturing Co. v. GundersonWisconsin Supreme Court · 1900
- Mousel v. WidickerNorth Dakota Supreme Court · 1955
- Backus v. MacLauryAppellate Division of the Supreme Court of the State of New York · 1951
- McMaster v. WarnerIdaho Supreme Court · 1927
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