Merriam v. Field
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Milwaukee County. The complaint states that on the 21st of June, 1859, at Quincy, Illinois, the defendant bargained and sold, and agreed to deliver to the plaintiff, on or about that day, and at that place, 750,000 feet of good merchantable pine lumber, at an agreed price; that the plaintiff then and there paid the defendant for such lumber the agreed price; that the defendant only delivered 625,942 feet of lumber on such contract, leaving a…
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APPEAL from tbe Circuit Court for Milwaukee County. The complaint states that on the 21st of June, 1859, at Quincy, Illinois, the defendant bargained and sold, and agreed to deliver to the plaintiff, on or about that day, and at that place, 750,000 feet of good merchantable pine lumber, at an agreed price; that the plaintiff then and there paid the defendant for such lumber the agreed price; that the defendant only delivered 625,942 feet of lumber on such contract, leaving a deficiency of 124,058 feet; and that of the quantity so delivered, about 90,000 feet was not good merchantable lumber,…
1Opinion of the CourtLyon, J.
When this action was here ón a former occasion, this court held that there was an implied warranty in the contract of June 21st, 1859, that the lumber was of a merchantable quality. Merriam v. Field, 24 Wis., 640. The testimony in the present bill of exceptions tends to show the same state of facts which was proved on the former trial, and upon which the court placed its decision. Such testimony tends to show that the lumber in question was in the water at Quincy, Ill., when the paper dated June 21st, 1859, was executed, and where it could not be inspected; and the circuit judge should have…
2Cases cited1 opinion
- Merriam v. FieldWisconsin Supreme Court · 1869
3Cited by3 opinions
- Barkhausen v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1910
- Merriam v. FieldWisconsin Supreme Court · 1876
- McDonald v. GardnerWisconsin Supreme Court · 1882