Knobel v. J. Bartel Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for La Crosse county: E. C. Higbee, Circuit Judge. Jn April, 1920, defendant gave plaintiffs a written order for ladies’ plush coats to be shipped from plaintiffs’ factory in New York City about August 15th, the total price being $2,174.75. The order was accepted; the goods were shipped on August 12th and reached defendant’s store in La Crosse August 17th. By mistake two or three extra garments, not ordered, were included.
Read the full summary
Appeal from a judgment of the circuit court for La Crosse county: E. C. Higbee, Circuit Judge. Jn April, 1920, defendant gave plaintiffs a written order for ladies’ plush coats to be shipped from plaintiffs’ factory in New York City about August 15th, the total price being $2,174.75. The order was accepted; the goods were shipped on August 12th and reached defendant’s store in La Crosse August 17th. By mistake two or three extra garments, not ordered, were included. When the goods came, the head of the department, Miss McGuinn, was ill in the hospital and she did not return until September…
1Opinion of the CourtJones, J.
It is the first assignment of error that the court held as a matter of law that the buyer accepted the goods by holding them twenty-five days without notifying the seller that the goods were rejected, and in directing a verdict for plaintiffs.
Where goods are delivered to the buyer which he has not previously examined, he is not deemed to have accepted them unless he has had a reasonable opportunity for examining them for the purpose of ascertaining whether they are in conformity with the contract. Sec. 1684i — 47, Stats. By sec. 1684i — 48, Stats., it is provided:
“The buyer is deemed to have…
2Cases cited16 opinions
- Hamann v. Milwaukee Bridge Co.Wisconsin Supreme Court · 1906
- Olwell v. SkobisWisconsin Supreme Court · 1905
- Benson v. Superior Manufacturing Co.Wisconsin Supreme Court · 1911
- Chess & Wymond Co. v. La Crosse Box Co.Wisconsin Supreme Court · 1921
- Power v. KaneWisconsin Supreme Court · 1856
11 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Western Industries, Inc., Cross-Appellant v. Newcor Canada Limited, Cross-AppelleeCourt of Appeals for the Seventh Circuit · 1984
- State ex rel. Donahue-Stratton Co. v. GrimmWisconsin Supreme Court · 1925
- Wood v. HeyerWisconsin Supreme Court · 1923
- Buck v. Racine Boat Co.Wisconsin Supreme Court · 1923
- Milz & Cie v. BloomfieldNew York Supreme Court · 1932
5 more not listed; retrieve them via the Exa API.