Fox v. Wilkinson
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Grant county: Geobge Clementson, Circuit Judge. Defendants sold to plaintiffs a traction engine for $400 and an old horse power. By written agreement the purchasers were ’ accorded “ten days’ trial on this engine, and said engine must do good work and he in good shape. If engine wheels and pinions break this year 1906 by cause of defect, same will be sent new.”
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Appeal from a judgment of the circuit court for Grant county: Geobge Clementson, Circuit Judge. Defendants sold to plaintiffs a traction engine for $400 and an old horse power. By written agreement the purchasers were ’ accorded “ten days’ trial on this engine, and said engine must do good work and he in good shape. If engine wheels and pinions break this year 1906 by cause of defect, same will be sent new.” Plaintiffs received the engine, had used it in threshing on some six or seven different days, but during a period of more than ten days after its receipt. On August 27th they had…
1Opinion of the CourtDodge, J.
One having a right of choice between two inconsistent positions who exercises that choice is finally concluded and confined to the rights and remedies appropriate to the position so chosen and excluded from those consistent only with the repudiated one. Since such choice is merely mental, any unambiguous act consistent with one and inconsistent with the other of the elective positions will be deemed conclusive evidence of such election. Smeesters v. Schroeder, 123 Wis. 116, 101 N. W. 363. When an article delivered in attempted satisfaction of a contract of or for sale is upon reasonable…
2Cases cited13 opinions
- Bank of Montreal v. J. E. Potts Salt & Lumber Co.Michigan Supreme Court · 1892
- Cream City Glass Co. v. FriedlanderWisconsin Supreme Court · 1893
- Park v. Richardson & Boynton Co.Wisconsin Supreme Court · 1892
- Smeesters v. SchroederWisconsin Supreme Court · 1904
- Palmer v. BanfieldWisconsin Supreme Court · 1893
8 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Jacobsen v. WhitelyWisconsin Supreme Court · 1909
- Oconto Co. v. BaconWisconsin Supreme Court · 1923
- Mueller v. MichelsWisconsin Supreme Court · 1924
- Fred W. Wolf Co. v. Monarch Refrigerating Co.Illinois Supreme Court · 1911
- Shetney v. ShetneyWisconsin Supreme Court · 1970
22 more not listed; retrieve them via the Exa API.