Merriam v. Field
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for MilwcmJcee County. Tbe complaint,, alleges tbat on tbe 21st of June, 1859, at Quincy, in tbe state of Illinois, tbe defendant bargained and sold and agreed to deliver to tbe plaintiff, at tbe place and on tbe day above mentioned, 750,000 feet of good merchantable pine lumber, at a certain agreed price; tbat tbe plaintiff then and there paid defendant tbe sum agreed upon for said quantity of lumber; tbat tbe defendant did not deliver tbe…
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APPEAL from tbe Circuit Court for MilwcmJcee County. Tbe complaint,, alleges tbat on tbe 21st of June, 1859, at Quincy, in tbe state of Illinois, tbe defendant bargained and sold and agreed to deliver to tbe plaintiff, at tbe place and on tbe day above mentioned, 750,000 feet of good merchantable pine lumber, at a certain agreed price; tbat tbe plaintiff then and there paid defendant tbe sum agreed upon for said quantity of lumber; tbat tbe defendant did not deliver tbe agreed quantity, but failed' to deliver, and has ever since, on demand, refused to deliver, 124,058 feet thereof; and tbat…
1Opinion of the CourtCole, J.
A number of exceptions were taken on the trial to the rulings of the court admitting or ■ excluding evidence. They will not be noticed, for the reason that we are satisfied that the charge of the court was calculated to prejudice the plaintiff, and that therefore there must be a new trial on that ground.
Among other things the learned circuit judge stated in substance to the jury, that from the bill of sale itself the law would imply a warranty that the lumber should be of a merchantable quality and of the kind set forth in the contract. But he observed that the supreme court had said upon…
2Cases cited2 opinions
- Merriam v. FieldWisconsin Supreme Court · 1869
- Merriam v. FieldWisconsin Supreme Court · 1872
3Cited by3 opinions
- Murchie v. CornellMassachusetts Supreme Judicial Court · 1891
- Olson v. MayerWisconsin Supreme Court · 1883
- Warner v. Arctic Ice Co.Supreme Judicial Court of Maine · 1883