Cooper v. Huerth
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Sauk county: E. Rat SteveNS, Circuit Judge. Action for breach of contract.
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Appeal from a judgment of tbe circuit court for Sauk county: E. Rat SteveNS, Circuit Judge. Action for breach of contract. Plaintiff’s claim was tbat tbe individual defendants, in their bebalf and of tbe corporation defendant, tbe Iiuerth-Schaefer Auto Company, of 'which, they were the proprietors,, sold to him an automobile, talcing an old machine in part payment and his note for the deferred amount, $839, the note to' be left in the State Banlc of Sauk City, Wisconsin, to await a trial of the machine in respect to whether it would fill specified requirements so as to enable him to do his…
1Opinion of the CourtMaeshall, J.
The judgment must be reversed.
From the statement, which is a pretty accurate picture of the proceedings in this case, we cannot escape the conclusion that counsel supposed, and had good reason to suppose, that question 1 covered the vital matter in the case; that respondents’ counsel likewise supposed; and that the court submitted the question in such belief. It was a misuse of sec. 2858m, Stats., to submit to the jury the cause upon one theory and then dispose of it upon another, referring to sec. 2858m for assistance. That section was not intended as an instrumentality for any such use.…
2Cases cited1 opinion
- Hull v. BrownWisconsin Supreme Court · 1874
3Cited by8 opinions
- Mullen v. Larson-Morgan Co.Wisconsin Supreme Court · 1933
- Kunzmann v. PetteysSupreme Court of Colorado · 1923
- Jespersen v. Metropolitan Life InsuranceWisconsin Supreme Court · 1947
- Lingelbach v. LuckenbachWisconsin Supreme Court · 1919
- Pierce v. RothwellWyoming Supreme Court · 1928
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