Kahn v. Klabunde
Wisconsin Supreme Court
APPEAL from the Circuit Court for Outagamie County. Plaintiff appealed from a judgment for the defendant. The case is thus stated by Mr. Justice Taylob: “This is an action to recover of the defendant the price of a mare which plaintiff claims he sold to him. There are no questions raised on the pleadings.
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APPEAL from the Circuit Court for Outagamie County. Plaintiff appealed from a judgment for the defendant. The case is thus stated by Mr. Justice Taylob: “This is an action to recover of the defendant the price of a mare which plaintiff claims he sold to him. There are no questions raised on the pleadings. Upon the trial in the court below, the plaintiff swore that a price was fixed on the mare of $160; that, after trying the mare in town, £ I told the defendant to take the mare home and try her until Tuesday night, and if at the end of that time the mare would not go on the reaper, he should…
1Opinion of the CourtTaylob, J.
"We think the court properly refused the instructions asked by the appellant. Taking his own statement of the contract, the defendant took the mare on trial until the Tuesday night following the Saturday when there was a talk of his buying her. He was to try her until Tuesday night, and if he did not then want to keep her he should bring her back, or, if he was busy and did not want to come, he should let her stand until the appellant came out after her. Under this contract the defendant had until Tuesday night to determine whether he would keep the mare or not, and the question was whether…
2Cases cited3 opinions
- Hunt v. WymanMassachusetts Supreme Judicial Court · 1868
- Mowbray v. CadySupreme Court of Iowa · 1875
- Fairfield v. Madison Manufacturing Co.Wisconsin Supreme Court · 1875
3Cited by5 opinions
- J. L. Owens Co. v. Leland Farmers Elevator Co.Supreme Court of Iowa · 1924
- Springfield Engine Stop Co. v. SharpMassachusetts Supreme Judicial Court · 1903
- Wesco Supply Co. v. Incorporated Town of AllertonSupreme Court of Iowa · 1912
- Missouri Smoke Preventer Co. v. City of St. LouisSupreme Court of Missouri · 1907
- Stambaugh v. Cantwell Hardware Co.Hardin County Court of Common Pleas · 1917