Paige v. McMillan
Wisconsin Supreme Court
APPEAL from the Circuit Court for Wmnebago County. This action was upon an account for machinery manufactured by the plaintiff for the defendant.
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APPEAL from the Circuit Court for Wmnebago County. This action was upon an account for machinery manufactured by the plaintiff for the defendant. The only disputed item therein was for the price of a machine known as a “ gang edger,” being $275. The answer as to that item was, that on or about the 1st of May, 1874, the plaintiff constructed said gang edger for the defendant, at the agreed price of $260; that it was part of the agreement that said gang edger should be constructed in a good, workmanlike manner, should be in every respect perfect, should be suitable for and adapted to the edging…
1Opinion of the Court
LyoN, <1.
Whether this was a sale on trial, as claimed by the learned counsel for the defendant, or an absolute sale with, warranty express or implied, it was the duty of the defendant, if he wished to rescind the contract, to return or offer to return the machine within a reasonable time. The question as *341to what is a reasonable time must to some extent be determined upon the circumstances of each particular case. Usually, perhaps, it is a question of fact for the jury; but the delay to return or offer to return the defective article may be so long continued that the court will hold, as matter…
2Cases cited1 opinion
- Boothby v. ScalesWisconsin Supreme Court · 1871
3Cited by12 opinions
- Parkison v. ThompsonIndiana Supreme Court · 1905
- Spaulding Mfg. Co. v. HolidaySupreme Court of Oklahoma · 1912
- Greacen v. . PoehlmanNew York Court of Appeals · 1908
- First National Bank of Stillwater v. LarsenWisconsin Supreme Court · 1884
- Kelsey v. J. W. Ringrose Net Co.Wisconsin Supreme Court · 1913
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