Hammond v. Sandwich Manufacturing Co.
Wisconsin Supreme Court
’Appeal from a judgment of the circuit court for Pierce county: E. W. Helms, Circuit Judge. This is an action to recover general and special damages for the breach of a warranty in the sale of a gasoline engine.
Read the full summary
’Appeal from a judgment of the circuit court for Pierce county: E. W. Helms, Circuit Judge. This is an action to recover general and special damages for the breach of a warranty in the sale of a gasoline engine. The jury by a special verdict found that there was’a breach of the warranty and that plaintiff suffered general damages by reason of such breach in the sum of $437.50 and special damages to his business in the sum of $450. The trial court gave plaintiff the option of remitting from the special damages all in excess of the sum of $200, and taking judgment for the sum of $627.50, or, in…
1Opinion of the CourtVirus, J.
The warranty of the engine reads as follows:
“Said Alamo gasoline engine to be warranted made of good material and first-class workmanship-, and for one year from date of shipment the Sandwich Manufacturing Company will make good all breakages on said engine not caused by ordinary wear or accident, misuse or neglect, always providing that the Sandwich Manufacturing Company is not called upon to pay carriage on such broken parts as the purchaser may claim to be defective, and that fair and reasonable proof be submitted to the said Sandwich Manufacturing Company when such claim of defective…
2Cases cited7 opinions
- Griffin v. . ColverNew York Court of Appeals · 1858
- Howard v. Stillwell & Bierce Manufacturing Co.Supreme Court of the United States · 1891
- Guetzkow Bros. v. A. H. Andrews & Co.Wisconsin Supreme Court · 1896
- Northern Surely Co. v. WangardWisconsin Supreme Court · 1904
- Stevens v. YaleMichigan Supreme Court · 1897
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Univest Corp. v. General Split Corp.Wisconsin Supreme Court · 1989
- Kuhlman, Inc. v. G. Heileman Brew. Co., Inc.Wisconsin Supreme Court · 1978
- Stark v. GeorgeTexas Commission of Appeals · 1923
- Lloyd Investment Co. v. Illinois Surety Co.Wisconsin Supreme Court · 1916
- Richmond v. CretensWisconsin Supreme Court · 1921