Smeesters v. Schroeder
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Brown, -county: S. I). Hastings, Circuit Judge. Action to recover damages for difference in value of a warranted horse received in trade for a horse of the plaintiff’s; the plaintiff claiming, also, $25 special damages for expenses in transporting and caring for such horse. The jury, by special verdict, found a warranty and a breach thereof, and $65 as the difference in value between the horse in fact and as .warranted.
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Appeal from a judgment of the circuit court for Brown, -county: S. I). Hastings, Circuit Judge. Action to recover damages for difference in value of a warranted horse received in trade for a horse of the plaintiff’s; the plaintiff claiming, also, $25 special damages for expenses in transporting and caring for such horse. The jury, by special verdict, found a warranty and a breach thereof, and $65 as the difference in value between the horse in fact and as .warranted. It appeared without dispute that upon discovering the breach of warranty the plaintiff, on July 9, 1902, went to defendant and…
1Opinion of the CourtDodgug, J.
Tbe plaintiff, having been induced to trade horses by misrepresentation or false warranty as to tbe quality of the horse be was receiving, under familiar rules, bad right of election either to stand upon the- contract wbicb tbe defendant bad induced, and to recover tbe damages resulting to him by reason of tbe defective quality of tbe horse wbicb be bad received, or to rescind tbe contract, and, upon returning what be bad received, to recover back that with wbicb be bad parted, or its value if not recoverable in specie. Fairfield v. Madison Mfg. Co. 38 Wis. 346; Park v. Richardson & B. Co. 81…
2Cases cited11 opinions
- Robb v. VosSupreme Court of the United States · 1894
- Terry v. . MungerNew York Court of Appeals · 1890
- Boothby v. ScalesWisconsin Supreme Court · 1871
- Crook v. First National Bank of BarabooWisconsin Supreme Court · 1892
- Clausen v. HeadWisconsin Supreme Court · 1901
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