J. B. Bradford Piano Co. v. Baal
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Milwau- ' kee county: W. B. QuihlaN, Judge. January 22, 1914, a written contract was made between the parties for, the sale to defendant of a player piano, delivered the following day.
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Appeal from a judgment of the circuit court for Milwau- ' kee county: W. B. QuihlaN, Judge. January 22, 1914, a written contract was made between the parties for, the sale to defendant of a player piano, delivered the following day. The defendant was permitted to give testimony tending to prove that at the time of the sale, and without its being expressed in the written contract, plaintiff warranted said piano as fit and suitable for use for hand playing and warranted the action' of the keys of the piano to be as easy as those on any other piano. March 22d defendant’s wife commenced to take…
1Opinion of the CourtEsohweiler, J.
Conceding, for the purposes of this appeal, that the court was warranted in submitting the question to the jury as to whether or not there was an oral warranty as to the fitness of this piano given at the time of the written contract of sale, yet the retention and use of the piano from some time in April and the payments made intermediate that date and the first of July, when the first complaint or objection was brought to the notice of the plaintiff, brought the situation of the parties outside of the realm within which a jury may determine what is and what is not a reasonable time. By what…
2Cases cited3 opinions
- Boothby v. ScalesWisconsin Supreme Court · 1871
- Paige v. McMillanWisconsin Supreme Court · 1877
- J. L. Owens Co. v. WhitcombWisconsin Supreme Court · 1917
3Cited by4 opinions
- Tegen v. ChapinWisconsin Supreme Court · 1922
- Knobel v. J. Bartel Co.Wisconsin Supreme Court · 1922
- Advance-Rumely Thresher Co. v. BornWisconsin Supreme Court · 1926
- Viking Packaging Technologies, Inc. v. Vassallo Foods, Inc.Court of Appeals of Wisconsin · 2011