Churchill v. Price
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Glar7c County. Action for the price of a yoke of oxen sold by tbe plaintiff to tbe defendant. Tbe defense was, that plaintiff warranted the oxen to be sound and true, and that they would in all respects answer defendant’s purposes; and that there was a breach of the warranty. Defendant bought the oxen without seeing them, and explained to plaintiff that he wanted them to work at logging in the woods.
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APPEAL from tbe Circuit Court for Glar7c County. Action for the price of a yoke of oxen sold by tbe plaintiff to tbe defendant. Tbe defense was, that plaintiff warranted the oxen to be sound and true, and that they would in all respects answer defendant’s purposes; and that there was a breach of the warranty. Defendant bought the oxen without seeing them, and explained to plaintiff that he wanted them to work at logging in the woods. The sum agreed on as the purchase price was $118. Plaintiff, had a verdict for about $95, with interest, making in all $100; a new trial was denied; and, from a…
1Opinion of the CourtTaylor, J.
The appellant assigns the following grounds of error:
1. That the circuit court erred in refusing to permit the appellant to answer the following question: “What damage has it been to you? ” This question was asked the appellant after he had testified as to what work the cattle had done during the winter, and as to how they had been fed. The court refused to permit the appellant to answer the question, on the ground that it was too general, and called for an answer both as to the law and the facts. We think there was no error in this ruling of the judge. It was for the jury to say what damage,…
2Cases cited2 opinions
- Boothby v. ScalesWisconsin Supreme Court · 1871
- Merrill v. NightingaleWisconsin Supreme Court · 1875
3Cited by15 opinions
- Cream City Glass Co. v. FriedlanderWisconsin Supreme Court · 1893
- Franey v. WarnerWisconsin Supreme Court · 1897
- Fox v. WilkinsonWisconsin Supreme Court · 1907
- Bamberger Bros. v. BurrowsSupreme Court of Iowa · 1910
- Mizell v. WatsonSupreme Court of Florida · 1909
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