Tegen v. Chapin
Wisconsin Supreme Court
'Appeal from a judgment of the circuit court for Waupaca county: Byron B. Park, Circuit Judge. Breach of warranty. From the complaint it appears that the plaintiffs own and operate a dairy at Kennon, Price county, Wisconsin.
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'Appeal from a judgment of the circuit court for Waupaca county: Byron B. Park, Circuit Judge. Breach of warranty. From the complaint it appears that the plaintiffs own and operate a dairy at Kennon, Price county, Wisconsin. That on March 16, 1920, the defendant conducted a public auction sale of registered Guernsey cattle at his farm in Iola, Wisconsin, and at the time of said sale defendant represented and warranted in writing that in case any animal should prove not to be a breeder, or, if announced as bred, should prove not to be in calf, the animal could be returned to the defendant and…
1Opinion of the CourtRosenberry, J.
The plaintiffs contend that there was evidence upon which the case should have been submitted to the jury and that therefore the direction of a verdict by the court was error. It is argued that the defendant warranted the animal to be a breeder; that the plaintiffs purchased the animal in question in reliance upon the warranty; that she was bred on November 29, 1919, and in the ordinary course of events should have produced a mature calf on August 29, 1920; that on June 16, 1920, ten weeks prior to the full time, she aborted, giving birth to an immature calf *413born dead. And it is argued that…
2Cases cited8 opinions
- Baxter v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1899
- Lyon v. City of Grand RapidsWisconsin Supreme Court · 1904
- Bourda v. JonesWisconsin Supreme Court · 1901
- Sullivan v. Minneapolis, St. Paul & Sault Sainte Marie Railway Co.Wisconsin Supreme Court · 1918
- Benson v. Superior Manufacturing Co.Wisconsin Supreme Court · 1911
3 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Maslow Cooperage Corp. v. Weeks Pickle Co.Wisconsin Supreme Court · 1955
- Truslow Fulle, Inc. v. Diamond Bottling CorporationSupreme Court of Connecticut · 1930
- Dittman v. NagelWisconsin Supreme Court · 1969
- Columbia Axle Co. v. American Automobile Ins. Co.Court of Appeals for the Sixth Circuit · 1933
- Larson v. SplettWisconsin Supreme Court · 1954
11 more not listed; retrieve them via the Exa API.