Keske v. Boeder
Wisconsin Supreme Court
Appeal from a judgment of the county court of Dodge county: William H'. Woodard, Judge. The parties hereto are farmers residing in Dodge county. The defendant advertised a sale of stock, machinery, and other personal property to beheld September 22, 1917. The sale was conducted by one Eli Keel as'auctioneer.. A horse' was brought out of the defendant’s barn by an employee of the defendant aiid offered for sale by the auctioneer.
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Appeal from a judgment of the county court of Dodge county: William H'. Woodard, Judge. The parties hereto are farmers residing in Dodge county. The defendant advertised a sale of stock, machinery, and other personal property to beheld September 22, 1917. The sale was conducted by one Eli Keel as'auctioneer.. A horse' was brought out of the defendant’s barn by an employee of the defendant aiid offered for sale by the auctioneer. The plaintiff made an offer of $25, which'was the only offer received. After some effort to secure another bid the auctioneer declared the animal sold to plaintiff.…
1Opinion of the CourtRosenberry, J.
The court in submitting the case to the jury instructed them that the plaintiff was entitled to recover unless it should appear that there was a mutual mistake. After .defining mutual mistake the court said:
“If you find that the defendant, Boeder, was laboring under-such mistake and that the plaintiff, Keske, was not, then,.- regardless of the price paid for the property, it is your duty to find for the plaintiff and assess such damages as you shall find from the evidence he is entitled to; if not, you should find for the defendant.”
The court further instructed the jury that
“the laws of our…
2Cases cited1 opinion
- Kennell v. BoyerSupreme Court of Iowa · 1909
3Cited by6 opinions
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- 146 Dundas Corp. v. Chemical BankMassachusetts Supreme Judicial Court · 1987
- Druml Co. v. Capitol MacHinery Sales & Service Co.Wisconsin Supreme Court · 1965
- Thorp Sales Corp. v. Gyuro Grading Co.Court of Appeals of Wisconsin · 1982
- Clarke v. MaischWisconsin Supreme Court · 1920
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