Gammon v. Abrams
Wisconsin Supreme Court
APPEAL from the "Circuit Court for 'Winnebago County. Some time in 1878, the plaintiffs sold to defendant’s intestate a combined reaper and binder and certain wire to be used therewith, of their own manufacture, which was delivered to the vendee about the 26th of July of that year. This action was brought to recover the contract price of the machine and wire.
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APPEAL from the "Circuit Court for 'Winnebago County. Some time in 1878, the plaintiffs sold to defendant’s intestate a combined reaper and binder and certain wire to be used therewith, of their own manufacture, which was delivered to the vendee about the 26th of July of that year. This action was brought to recover the contract price of the machine and wire. The defense set up by the answer was, a rescission of the contract of sale for breach of warranty, a notice to the plain tiffs and request that they would take the property away, and a subsequent return of the property by the vendee. The…
1Opinion of the CourtOrton, J.
The main questions to be considered on this appeal are, first, whether the defendant returned to the plaintiffs the machine and wire within a reasonable time after he discovered their unfitness for the purposes for which they were bought, to rescind the bargain; and second, whether interest should have been allowed upon the amount recovered as the real value of the property, from the commencement of the suit. As the fifth special finding, the jury found that the defendant did return the machine and wire within a reasonable time to the plaintiffs. The circuit court set aside this finding, and…
2Cases cited6 opinions
- Boothby v. ScalesWisconsin Supreme Court · 1871
- Hutchinson v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1877
- Berg v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1880
- Cutler v. HurlbutWisconsin Supreme Court · 1871
- Vaughan v. HoweWisconsin Supreme Court · 1866
1 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Laycock v. ParkerWisconsin Supreme Court · 1899
- Spaulding Mfg. Co. v. HolidaySupreme Court of Oklahoma · 1912
- Allen v. MurrayWisconsin Supreme Court · 1894
- Schweitzer v. ConnorWisconsin Supreme Court · 1883
- Calteaux v. MuellerWisconsin Supreme Court · 1899
24 more not listed; retrieve them via the Exa API.