Kohl v. Bradley, Clark & Co.
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for J)unn county: E. W. ITelks, Circuit Judge. Tbis action was brought by the plaintiff to recover the purchase price of a gasoline engine and freight charges upon rescission of contract of sale because of alleged breach of warranty. The plaintiff claims to have purchased the engine from defendant, a Minnesota corporation doing’ business at Minneapolis, through its agents, Wright & Thum, implement dealers at Menomonie, Wisconsin.
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Appeal from a judgment of tbe circuit court for J)unn county: E. W. ITelks, Circuit Judge. Tbis action was brought by the plaintiff to recover the purchase price of a gasoline engine and freight charges upon rescission of contract of sale because of alleged breach of warranty. The plaintiff claims to have purchased the engine from defendant, a Minnesota corporation doing’ business at Minneapolis, through its agents, Wright & Thum, implement dealers at Menomonie, Wisconsin. The contract of purchase was in the form of a written order given by the plaintiff and one John Brehm, ordering from the…
1Opinion of the CourtKerwin, J.
The order of purchase provides, in effect, that it was given subject to the acceptance of defend ant, and further, under the head of “warranty,” provides that the article sold shall be made of good material, well constructed, and *305with, proper use and management capable of doing well tbe work for which, it is made and sold, and, if it fail in any respect to fill the warranty, written notice shall be given immediately by the purchaser to defendant at Minneapolis, Minnesota, by registered letter, stating particularly wherein it fails to fill the warranty and a reasonable time allowed to get to…
2Cases cited8 opinions
- Fisk v. TankWisconsin Supreme Court · 1860
- Fenelon v. ButtsWisconsin Supreme Court · 1881
- Schatz v. PfeilWisconsin Supreme Court · 1883
- McDougall v. Ashland Sulphite-Fibre Co.Wisconsin Supreme Court · 1897
- Fairfield v. Madison Manufacturing Co.Wisconsin Supreme Court · 1875
3 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Halwas v. American Granite Co.Wisconsin Supreme Court · 1909
- Mary Fletcher Hospital v. City of BarreSupreme Court of Vermont · 1953