J. L. Owens Co. v. Whitcomb
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Pierce county: Geobge Thompson, Circuit Judge. The appeal is from a judgment in favor of defendant. Defendant owns and operates an elevator at River Palis, Wisconsin.
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Appeal from a judgment of the circuit court for Pierce county: Geobge Thompson, Circuit Judge. The appeal is from a judgment in favor of defendant. Defendant owns and operates an elevator at River Palis, Wisconsin. The plaintiff manufactures and sells fanning mills, and by correspondence in February, 1915, a contract was made between them for the purchase by defendant of a separator, which, if it did the work specified in the correspondence and was satisfactory to him, was to cost $425. The contract required that the cleaner should do the work at the rate approximately of 200 bushels per…
1Opinion of the Court
The following opinion was filed December 5, 1916:
Eschweiler, J.
Unless the finding to the effect that at the time the plaintiff’s representative was in Eiver Ealls on March 20th it was thereupon agreed that the approval or disapproval of the machine might await the return of the defendant from California has support in the evidence, the case mui^t be disposed of under the rule that a person purchasing such a machine has a reasonable time and no more in which to test the same, and retention after such period is deemed an acceptance sufficient to bind the person so retaining it for the purchase…
2Cases cited7 opinions
- Boothby v. ScalesWisconsin Supreme Court · 1871
- Cream City Glass Co. v. FriedlanderWisconsin Supreme Court · 1893
- Fox v. WilkinsonWisconsin Supreme Court · 1907
- Palmer v. BanfieldWisconsin Supreme Court · 1893
- Kelsey v. J. W. Ringrose Net Co.Wisconsin Supreme Court · 1913
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Tegen v. ChapinWisconsin Supreme Court · 1922
- Knobel v. J. Bartel Co.Wisconsin Supreme Court · 1922
- Scriven v. HechtCourt of Appeals for the Second Circuit · 1923
- J. B. Bradford Piano Co. v. BaalWisconsin Supreme Court · 1917
- Advance-Rumely Thresher Co. v. BornWisconsin Supreme Court · 1926
3 more not listed; retrieve them via the Exa API.