Buffalo Barb Wire Co. v. Phillips
Wisconsin Supreme Court
APPEAL from tbe County Court of Milwaukee County. Action upon an account for wire sold to tbe defendants to tbe amount of $948.11. Tbe answer, after denying all allegations of the complaint except as admitted, admitted that tbe defendants purchased tbe wire of tbe plaintiff but denied that it was “ worth tbe sum of $948.11, or any other sum except tbe sum of $598.11.” It also contained a counterclaim for breaches of warranty as to quality of tbe wire, by reason whereof tbe…
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APPEAL from tbe County Court of Milwaukee County. Action upon an account for wire sold to tbe defendants to tbe amount of $948.11. Tbe answer, after denying all allegations of the complaint except as admitted, admitted that tbe defendants purchased tbe wire of tbe plaintiff but denied that it was “ worth tbe sum of $948.11, or any other sum except tbe sum of $598.11.” It also contained a counterclaim for breaches of warranty as to quality of tbe wire, by reason whereof tbe defendants “ have been injured and damaged in tbe sum of $350, which is tbe difference in value of said wire from that…
1Opinion of the CourtCole, C. J.
The order requiring the defendants to pay $598.11, admitted to be due in the original answer, was fully authorized by sec. 2892, R. S. Sellers v. Union Lumbering Co. 36 Wis. 398. It seems to us too plain for argument that the answer admitted the plaintiff’s claim to that extent to be just, therefore no further comment will be made on that point.
Assuming that this order was correctly made upon the pleadings as they then stood, was there any error in the refusal of the court to set it aside and allow the amended answer to be filed? We think not. Both the original and amended answer claimed…
2Cases cited2 opinions
- Sellers v. Union Lumbering Co.Wisconsin Supreme Court · 1874
- Thomas, Badgley & Wentworth Manufacturing Co. v. Wabash, St. Louis & Pacific Railway Co.Wisconsin Supreme Court · 1885
3Cited by2 opinions
- McKey v. ProvusAppellate Court of Illinois · 1913
- Mann v. RobertsWisconsin Supreme Court · 1905