Walter A. Wood Mowing & Reaping Machine Co. v. Calvert
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for La Fay-.ette county: Geo. ClemeNtsoN, Circuit Judge. Action upon a-promissory note for $1851 Tbe note was given in payment for a harvesting machine which defendant ordered and received in July, 1889, the same being sold under a warranty to be well made and to do good work.
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Appeal from a judgment of tbe circuit court for La Fay-.ette county: Geo. ClemeNtsoN, Circuit Judge. Action upon a-promissory note for $1851 Tbe note was given in payment for a harvesting machine which defendant ordered and received in July, 1889, the same being sold under a warranty to be well made and to do good work. The machine did not work to the satisfaction of the defendant in the harvest of 1889, and he desired to return it, but was persuaded by plaintiff’s agent to give his note for it (being the note in suit), December 3, 1889, the agent at the same time giving him the following…
1Opinion of the CourtWinslow, J.
The issues in this case seem to us to have been fairly tried and correctly submitted to the jury. The jury were told, in substance, that if the machine did reasonably good work the plaintiff was entitled to recover; that if.it did not do such work the defendant was entitled to return it; that if he reasonably offered to return it, and *644the agent refused to accept it, the actual return would be thereby dispensed with, and that subsequent retention of the machine, subject to plaintiff’s order, would not defeat the defendant’s right to a verdict; that if the machine did not do good work, still…
2Cases cited2 opinions
- Palmer v. BanfieldWisconsin Supreme Court · 1893
- Austin v. MoeWisconsin Supreme Court · 1887
3Cited by8 opinions
- First National Bank v. DutcherSupreme Court of Iowa · 1905
- Fox v. WilkinsonWisconsin Supreme Court · 1907
- Schroeder v. Hotel Commercial Co.Washington Supreme Court · 1915
- Rost v. RobertsWisconsin Supreme Court · 1923
- Kingman & Co. v. WatsonWisconsin Supreme Court · 1897
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