Smith v. Reed
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Winnebago county: Geo. W. Bubhell, Circuit Judge. This action was brought to recover on a check given by defendant to plaintiff as the purchase price of a horse. The defense was breach of warranty.
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Appeal from a judgment of the circuit court for Winnebago county: Geo. W. Bubhell, Circuit Judge. This action was brought to recover on a check given by defendant to plaintiff as the purchase price of a horse. The defense was breach of warranty. The answer admitted the giving of the check and nonpayment thereof and denied that there was anything due on the check, and further answered that plaintiff warranted the horse to be sound and free from disease and that defendant relied 'upon such warranty and representation, and that the purchase of the horse upon the warranty and representations was…
1Opinion of the CourtKeRWIu, J.
1. It is insisted that there is not sufficient evidence to support the answer to the third question, and therefore the answer should have been changed from “No” to “Yes” in accordance with the defendant’s motion, and judgment given for the defendant. A very strong argument is made by counsel for defendant to the effect that the evidence shows conclusively that the defendant did rely upon the rep-re-*485mentations to the effect that the horse was sound and all right, and that the law applicable to the facts as established authorized a verdict for the defendant. After a careful reading of the…
2Cases cited13 opinions
- Southern Development Co. v. SilvaSupreme Court of the United States · 1888
- Beyer v. St. Paul Fire & Marine InsuranceWisconsin Supreme Court · 1901
- Hahn v. DoolittleWisconsin Supreme Court · 1864
- Hoffman v. DixonWisconsin Supreme Court · 1900
- Klipstein v. RascheinWisconsin Supreme Court · 1903
8 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Delfosse v. New Franken Oil Co.Wisconsin Supreme Court · 1930
- Borg v. DowningWisconsin Supreme Court · 1936
- Isgro v. Plankinton Packing Co.Wisconsin Supreme Court · 1922
- Corrigan v. City of AntigoWisconsin Supreme Court · 1913
- Schauer v. BodenheimerWisconsin Supreme Court · 1912
4 more not listed; retrieve them via the Exa API.