J. I. Case Plow Works v. Niles & Scott Co.
Wisconsin Supreme Court
Appeals from a judgment of the circuit court for Racine county: Eeank M. Fish, Circuit Judge. The plaintiff brought action against the defendant company, engaged in the manufacture of wheels for agricultural implements, to recover damages sustained by reason of the breach of warranty of 11,000 such wheels, ordered and purchased of the defendant under a written contract dated August 16, 1888, which, it appears, was a written order given by the plaintiff to the defendant, and…
Read the full summary
Appeals from a judgment of the circuit court for Racine county: Eeank M. Fish, Circuit Judge. The plaintiff brought action against the defendant company, engaged in the manufacture of wheels for agricultural implements, to recover damages sustained by reason of the breach of warranty of 11,000 such wheels, ordered and purchased of the defendant under a written contract dated August 16, 1888, which, it appears, was a written order given by the plaintiff to the defendant, and accepted by the latter in writing, as follows: “You may enter our order for our season’s wants on the following styles…
1Opinion of the CourtPinney, J.
The finding of the court proceeds in part upon the basis of an implied warranty that the wheels were .suitable for the purpose for which the plaintiff desired them, namely, “ for our season’s wants,” it being engaged in manufacturing plows, cultivators, etc., intending to attach them to such implements, with which it was supplying the trade; and in part on the basis of the written warranty “ against defects in material and workmanship,” the defendants having used common iron in the manufacture of the spokes, and that the wheels were defective in material, and were not fit and proper for the…
2Cases cited21 opinions
- Seitz v. Brewers' Refrigerating MacHine Co.Supreme Court of the United States · 1891
- Dushane v. BenedictSupreme Court of the United States · 1887
- De Witt v. BerrySupreme Court of the United States · 1890
- Muller v. . EnoNew York Court of Appeals · 1856
- Leeds v. . Metropolitan Gas-Light Co.New York Court of Appeals · 1882
16 more not listed; retrieve them via the Exa API.
3Cited by45 opinions
- Huset v. J. I. Case Threshing Mach. Co.Court of Appeals for the Eighth Circuit · 1903
- Davis Calyx Drill Co. v. MalloryCourt of Appeals for the Eighth Circuit · 1905
- J. I. Case Threshing MacHine Co. v. E. B. Hall & Keating Implement Co.Court of Appeals of Texas · 1903
- Iroquois Furnace Co. v. Wilkin Manufacturing Co.Illinois Supreme Court · 1899
- Union Selling Co. v. JonesCourt of Appeals for the Eighth Circuit · 1904
40 more not listed; retrieve them via the Exa API.