White v. Stelloh
Wisconsin Supreme Court
APPEAL from the Superior Court of Milwaukee County. The following statement of the case was prepared by Mr. Justice Cassoday: It appears from the record that Jiffy 5,1885, the plaintiff purchased of the defendant a full-blooded Holstein bull-calf for breeding purposes, then about three months old, and to all appearances free from any defects, and paid therefor, by way of note (which he subsequently paid), $100; that October 5, 1887, the plaintiff commenced this action in…
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APPEAL from the Superior Court of Milwaukee County. The following statement of the case was prepared by Mr. Justice Cassoday: It appears from the record that Jiffy 5,1885, the plaintiff purchased of the defendant a full-blooded Holstein bull-calf for breeding purposes, then about three months old, and to all appearances free from any defects, and paid therefor, by way of note (which he subsequently paid), $100; that October 5, 1887, the plaintiff commenced this action in justice’s court, and in his complaint alleged in effect that at the time of the said purchase the defendant falsely…
1Opinion of the CourtCassoday, J.
The only cause of action alleged in the complaint is the breach of an express warranty made by the defendant at the time of the sale, to the effect that the animal in question was a bull-calf fit for breeding purposes in every respect; and that the plaintiff, relying upon such warranty, purchased him and paid the price mentioned. The defense was a general denial. Several exceptions rvere taken to the charge. Some of these relate to accurate statements of the issue.
Among the statements in the charge to which exception is taken, is this: “ The question is simply, was there an express warranty…
2Cases cited2 opinions
- Neave v. ArntzWisconsin Supreme Court · 1882
- Tenney v. CowlesWisconsin Supreme Court · 1887
3Cited by14 opinions
- Aluminum Co. of America v. Essex Group, Inc.District Court, W.D. Pennsylvania · 1980
- Dittman v. NagelWisconsin Supreme Court · 1969
- Denver Horse Importing Co. v. SchaferSupreme Court of Colorado · 1914
- Larson v. Aultman & Taylor Co.Wisconsin Supreme Court · 1893
- Hoffman v. DixonWisconsin Supreme Court · 1900
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