La Crosse Plow Co. v. Brooks
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Wixme-,bago county: Geo. W. BurNell, Circuit Judge. Action to recover a balance due for farm machinery of various Muds sold aud delivered by plaintiff to defendants. Tbe amount claimed was $367.14, with interest.
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Appeal from a judgment of tbe circuit court for Wixme-,bago county: Geo. W. BurNell, Circuit Judge. Action to recover a balance due for farm machinery of various Muds sold aud delivered by plaintiff to defendants. Tbe amount claimed was $367.14, with interest. Defendants counterclaimed for breach of express warranty respecting a gang plow which was one of the implements charged in the account. • The claim was that the plow was bought on the faith of specific assurance of its fitness for the work for which it was designed and purchased; that' upon trial it failed to satisfy the guaranty and…
1Opinion of the CourtMaeshall, J.
The judgment in this case is rather novel. We speak of it in passing, so it may not be taken as a precedent worthy of being followed. Neither jury nor the court had anything to do with the title to the plow. The judgment, as the trial court viewed the matter, should simply have been for the amount recoverable. The action was not in rem in any sense. It was a plain action upon contract for balance of account subject to any valid counterclaim for breach of warranty. It were better to have kept all other matters out of the record.
The only material question upon the appeal is as to whether the…
2Cases cited7 opinions
- Seitz v. Brewers' Refrigerating MacHine Co.Supreme Court of the United States · 1891
- J. I. Case Plow Works v. Niles & Scott Co.Wisconsin Supreme Court · 1895
- Milwaukee Boiler Co. v. DuncanWisconsin Supreme Court · 1894
- J. Thompson Manufacturing Co. v. GundersonWisconsin Supreme Court · 1900
- Wisconsin Red Pressed-Brick Co. v. HoodSupreme Court of Minnesota · 1893
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3Cited by4 opinions
- Remsberg v. Hackney Manufacturing Co.California Supreme Court · 1917
- Ohio Electric Co. v. Wisconsin-Minnesota Light & Power Co.Wisconsin Supreme Court · 1915
- Empire Cream Separator Co. v. QuinnAppellate Division of the Supreme Court of the State of New York · 1918
- Milwaukee Tank Works v. Metals Coating Co. of AmericaWisconsin Supreme Court · 1928