Aultman v. Jett
Wisconsin Supreme Court
APPEAL from the Circuit Court for Grant County. Action brought January 15, 1876, upon a joint promissory note executed by the defendants to the plaintiff coinpany (a corporation under the laws of Ohio), dated at Platteville, "Wisconsin, September 1, 1874, for $156.68, payable January 1, 1875, with interest at seven per cent, per annum; the same being one of four notes, amounting in the aggregate to the sum of $620, given for the price of a threshing machine sold by the…
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APPEAL from the Circuit Court for Grant County. Action brought January 15, 1876, upon a joint promissory note executed by the defendants to the plaintiff coinpany (a corporation under the laws of Ohio), dated at Platteville, "Wisconsin, September 1, 1874, for $156.68, payable January 1, 1875, with interest at seven per cent, per annum; the same being one of four notes, amounting in the aggregate to the sum of $620, given for the price of a threshing machine sold by the plaintiff to defendants, and being the first of said notes to fall due, except one for $50, which had been paid. The…
1Opinion of the CourtCole, J.
We think the circuit court erred in charging the jury that the defendant could recover from the plaintiff the difference between the contract price of the machine and what it was actually worth, and that, if this difference exceeded the amount of the note sued on, they were entitled to a judgment for the excess. This was treating the transaction as though the defendants had paid the full contract price of the machine, whereas it appears that they had in fact only paid $50 for freight, and $60 upon the note in suit. This is all they had paid of the consideration money. It is true, they had…
2Cases cited1 opinion
- Paine v. VoorheesWisconsin Supreme Court · 1870
3Cited by12 opinions
- Baker v. BakerSouth Dakota Supreme Court · 1891
- Wisconsin Trust Co. v. CousinsWisconsin Supreme Court · 1920
- Allis v. Meadow Spring Distilling Co.Wisconsin Supreme Court · 1886
- McDonald v. Provident Savings Life Assurances SocietyWisconsin Supreme Court · 1900
- Hoefliger v. WellsWisconsin Supreme Court · 1879
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