Hannon v. Kelly
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Oconto ■ county: W. B. Quietlah, Circuit Judge. Action to recover possession of personal property. One Matilda Hannon owned and possessed a hotel property in the city of Oconto having the usual accessories to accommodate and attract customers, such as a saloon and, in the street in front just outside the curb line, a pair of platform hay scales.
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Appeal from a judgment of the circuit court for Oconto ■ county: W. B. Quietlah, Circuit Judge. Action to recover possession of personal property. One Matilda Hannon owned and possessed a hotel property in the city of Oconto having the usual accessories to accommodate and attract customers, such as a saloon and, in the street in front just outside the curb line, a pair of platform hay scales. The scales were set in the ordinary way and had the appearance of being permanently affixed to the realty as a part of the hotel property. It was a valuable part, thereof both as an inducement to people…
1Opinion of the CourtMaeshall, J.
Was error committed by permitting oral testimony as to what was said when the verbal contract was made respecting the transfer of the hotel property to respondent respecting whether the scales would pass to the latter as part of the subject of the sale ?
It is contended that the rulings in question violated the principle that all negotiations leading up' to and resulting in *512a written contract are, subject to some exceptions, conclusively presumed to be merged therein and, therefore, oral testimony, varying or contradicting the writing, is not permissible.
The principle relied on by appellants…
2Cases cited16 opinions
- Klueter v. Joseph Schlitz Brewing Co.Wisconsin Supreme Court · 1910
- Pettibone v. HamiltonWisconsin Supreme Court · 1876
- Jost v. WolfWisconsin Supreme Court · 1906
- Thomson v. SmithSupreme Court of Iowa · 1900
- Arnold v. CrowderIllinois Supreme Court · 1876
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3Cited by16 opinions
- Marks v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Kansas · 1925
- Wisconsin Department of Revenue v. A. O. Smith Harvestore Products, Inc.Wisconsin Supreme Court · 1976
- State ex rel. Gisholt Machine Co. v. NorsmanWisconsin Supreme Court · 1919
- Conrad Milwaukee Corp. v. WasilewskiWisconsin Supreme Court · 1966
- In Re First Wisconsin National Bank of Milwaukee v. The Federal Land Bank of St. PaulCourt of Appeals for the First Circuit · 1988
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