Legal Opinion

Weeks v. Robert A. Johnson Co.

Wisconsin Supreme Court

Decided December 16, 1902PublishedCited by 7 opinions

Appeal from a judgment of tlie circuit court for Milwaukee county: WasbeN D. TaRRANT, Circuit Judge. This is an -action to recover $1,000, tire purchase price of a chocolate dip machine, f. o. b.

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Appeal from a judgment of tlie circuit court for Milwaukee county: WasbeN D. TaRRANT, Circuit Judge. This is an -action to recover $1,000, tire purchase price of a chocolate dip machine, f. o. b. Philadelphia, and $45, the expenses of a man going to Milwaukee to set up the machine,, and $40 for four special screens, reasonably worth and of the market value of $40, and interest on the total amount from April 10, 1900. The defendant answered by way of admissions, denials, and counter allegations, and set up a counterclaim to the effect that the plaintiff warranted and guarantied the machine to…

1Opinion of the CourtOassoday, C. J.

By the terms of the order the defendant was to have the “exclusive right to use” the machine in Milwaukee “for one year” by paying the railroad “fare for man to put up machine, if machine accepted; otherwise machine returned f. o. b. Milwaukee, Wis. Entire satisfaction guaranteed.” In response to that order the plaintiff stated 'that, before shipping the machine, he would like the defendant's “confirmation,” and that he did not “like the term ‘entire satisfaction’ ”; but there was no> refusal to ship the machine upon the terms expressed in the order. This is made .certain by the defendant’s…

2Cases cited1 opinion

  1. State ex rel. Blodgett v. EaganWisconsin Supreme Court · 1902

3Cited by7 opinions

  1. Des Moines Blue Ribbon Distributors, Inc. v. Drewrys Ltd. U. S. A.Supreme Court of Iowa · 1964
  2. Power Transmission Equipment Corp. v. Beloit Corp.Wisconsin Supreme Court · 1972
  3. Hosiery Mills v. G. C. Hall & SonCalifornia Court of Appeal · 1926
  4. Clem Lumber Co. v. MartyCourt of Appeals of Texas · 1930
  5. Grainger Bros. v. G. Amsinck & Co.Court of Appeals for the Eighth Circuit · 1926

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