Bell v. Anderson
Wisconsin Supreme Court
APPEAL from the Circuit Court for Fond duLao County. In March, 1888, plaintiff purchased a piano of defendant, and paid him therefor $200 in cash, and an old organ. About two weeks later, she offered to return the piano to the defendant, and demanded of him the organ and repayment of the $200. The defendant refused to accept the piano, and also refused to return the organ or refund the money.
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APPEAL from the Circuit Court for Fond duLao County. In March, 1888, plaintiff purchased a piano of defendant, and paid him therefor $200 in cash, and an old organ. About two weeks later, she offered to return the piano to the defendant, and demanded of him the organ and repayment of the $200. The defendant refused to accept the piano, and also refused to return the organ or refund the money. The ground upon which the plaintiff thus sought to rescind the purchase was that certain representations made by the defendant to her concerning the age and qualities of the piano, on which she relied in…
1Opinion of the CourtLyoh, J.
The law is that if, on the sale of property, the vendor knowingly makes any false representation to the vendee affecting the character or quality of the article sold, upon -which the vendee relies and upon the faith of which he purchases, such vendee may (if he do so within a reasonable time) rescind the purchase by offering to return the property so purchased and demanding a return of the consideration paid therefor. Potter v. Taggart, 54 Wis. 395, and cases cited. The same right of rescission obtains, in certain cases, for a breach of warranty unaccompanied by fraud. Boothby v. Scales, 27…
2Cases cited4 opinions
- Boothby v. ScalesWisconsin Supreme Court · 1871
- Potter v. TaggartWisconsin Supreme Court · 1882
- Churchill v. PriceWisconsin Supreme Court · 1878
- Paige v. McMillanWisconsin Supreme Court · 1877
3Cited by9 opinions
- I. L. Corse & Co. v. Minnesota Grain Co.Supreme Court of Minnesota · 1905
- St. Louis & San Francisco Railroad v. GormanSupreme Court of Kansas · 1909
- Noll v. BaidaCalifornia Supreme Court · 1927
- J. L. Owens Co. v. Leland Farmers Elevator Co.Supreme Court of Iowa · 1924
- Dermott Land & Lumber Co. v. Walter A. Zelnicker Supply Co.Court of Appeals for the Eighth Circuit · 1921
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