Lyle v. McCormick Harvesting Machine Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Dodge county: James J. DiOK, Circuit Judge. The following facts are alleged by the complaint, and substantially found to exist by a special verdict had after trial, to wit: The plaintiff, on January 3, 1898, purchased from the defendant a corn husker, a sale of which in the previous year had, by consent, been rescinded, and on that day gave therefor his negotiable note for $150, due December 1,1898, under a contract signed by…
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Appeal from a judgment of the circuit court for Dodge county: James J. DiOK, Circuit Judge. The following facts are alleged by the complaint, and substantially found to exist by a special verdict had after trial, to wit: The plaintiff, on January 3, 1898, purchased from the defendant a corn husker, a sale of which in the previous year had, by consent, been rescinded, and on that day gave therefor his negotiable note for $150, due December 1,1898, under a contract signed by both parties, whereby the defendant agreed to fix the husker in first-class shape, “ make the same do good work, and…
1Opinion of the CourtDodge, J.
1. The first, second, and third assignments of error naturally fall together for the purposes of discussion.. They present the question whether plaintiff has shown himself entitled to any damages, and, if so, to what amount-*85These questions were raised by the motion for nonsuit and for direction of verdict and for an instruction to allow only nominal damages for the reason that no actual damages had been proved. Appellant’s position is predicated upon the propositions: (1) That the action is not in tort, for the reason that the disposal of the note by the defendant is not alleged to have been…
2Cases cited19 opinions
- Baxter v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1899
- Gage v. LewisIllinois Supreme Court · 1873
- Ward v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1899
- Lathrop v. AtwoodSupreme Court of Connecticut · 1851
- Merriam v. Pine City Lumber Co.Supreme Court of Minnesota · 1877
14 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Banderob v. Wisconsin Central Railway Co.Wisconsin Supreme Court · 1907
- Du Cate v. Town of BrightonWisconsin Supreme Court · 1907
- Salchert v. ReinigWisconsin Supreme Court · 1908
- Schroeder v. Wisconsin Central Railway Co.Wisconsin Supreme Court · 1903
- First Avenue Land Co. v. ParkerWisconsin Supreme Court · 1901
5 more not listed; retrieve them via the Exa API.