Westurn v. Page
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Sauk county: E. G. SiebeckeR, Circuit Judge. Action for damages for an alleged breach of an express warranty of the soundness of a horse. A Mr. Hall, as agent for defendant, with full-authority so to do, traded a horse to plaintiff.
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Appeal from a judgment of the circuit court for Sauk county: E. G. SiebeckeR, Circuit Judge. Action for damages for an alleged breach of an express warranty of the soundness of a horse. A Mr. Hall, as agent for defendant, with full-authority so to do, traded a horse to plaintiff. Whether he had authority to make such trade and warrant the horse to be sound and perfect; whether he did so warrant the horse; whether there was a breach of such warranty; and, if so, what amount plaintiff was damaged thereby,— were all material and disputed questions on the evidence. The trial judge charged the…
1Opinion of the CourtMarshall, J.
One question, only, is necessary to be decided in tbe determination -of this appeal; that is, Did the-trial court err in instructing tbe jury, in substance, as follows : ‘ If Mr. Hall, the defendant’s agent, made an agreement of warranty respecting tbe soundness of tbe horse, the defendant is bound by it, beca,use be gave Hall full authority to sell or exchange the horse. Plaintiff had a right to rely upon the authority of Hall in making whatever agreement was made as part of the agreement or sale.’
"We assume that the learned trial judge relied on Boothby v. Scales, 27 Wis. 626, where this…
2Cases cited4 opinions
- Boothby v. ScalesWisconsin Supreme Court · 1871
- Larson v. Aultman & Taylor Co.Wisconsin Supreme Court · 1893
- Pickert v. MarstonWisconsin Supreme Court · 1887
- Roche v. PenningtonWisconsin Supreme Court · 1895
3Cited by5 opinions
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- Matteson v. RiceWisconsin Supreme Court · 1903
- Dunham v. SalmonWisconsin Supreme Court · 1906