Ganson v. Madigan
Wisconsin Supreme Court
APPEAL from, tbe Circuit Court for Dodge County. This was an action to recover tbe price of a reaping machine alleged to have been delivered by the plaintiffs to the defendant upon his written order. For a statement of the contract on which the action was founded, and of the facts upon which the plaintiffs relied to show a fulfilment on their 'part, see 13 Wis.
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APPEAL from, tbe Circuit Court for Dodge County. This was an action to recover tbe price of a reaping machine alleged to have been delivered by the plaintiffs to the defendant upon his written order. For a statement of the contract on which the action was founded, and of the facts upon which the plaintiffs relied to show a fulfilment on their 'part, see 13 Wis. Rep., 67, 68. On the third trial of the cause at the circuit, the evidence was substantially tbe same as on the previous trials, except tbe following: Tbe defendant, as a witness in bis own behalf, said: “ The man who brought the order…
1Opinion of the Court
By the Gourt,
Dixon, C. J.
In cases like this, wé fully concur with Judge Beonson in saying, that “it is an elementary principle that an erroneous decision-is not bad law —it is no law at all;” and could we become satisfied that our last decision (13 Wis., 67) was in this unfortunate pre*150dicament, or was an unauthorized dictum, we should hasten . , . . „ , . . with alacrity to retrace our steps. Subsequent investigations ¿aye only confirmed the views which we there took of the law.
THe rights and liabilities of the parties under the contract were, in substance, these: The plaintiffs were bound to…
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