Nichols & Shepard Co. v. Chase
Wisconsin Supreme Court
Appeal from a judgment of the superior court of Milwaukee county; Geo. E. SutheklaND, Judge. On May 21, 1895, the defendant Chase (a farmer in Eond du Xac county) signed a written order upon the plaintiff (a corporation engaged in the manufacture of agricultural implements at Battle Creek, Michigan) to the effect that the plaintiff should ship for him, to or in the care of J. M. Harmer, at Fond du Lac, on or about July 15, 1895, one of its improved No. 6 belt separators,…
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Appeal from a judgment of the superior court of Milwaukee county; Geo. E. SutheklaND, Judge. On May 21, 1895, the defendant Chase (a farmer in Eond du Xac county) signed a written order upon the plaintiff (a corporation engaged in the manufacture of agricultural implements at Battle Creek, Michigan) to the effect that the plaintiff should ship for him, to or in the care of J. M. Harmer, at Fond du Lac, on or about July 15, 1895, one of its improved No. 6 belt separators, therein described, and one eighteen-foot straw stacker, complete, therein described, and one automatic bagger, therein…
1Opinion of the CourtCassoday, C. J.
There is evidence tending to show that, before signing the order for the machines, Mr. Chase called on Mr. Hichmcm, the plaintiff’s state agent, located at Milwaukee, and examined a sample machine like those ordered; that on the afternoon of Friday, August 2,1895, at the farm of Mr. Chase, the machines in question were first tested; that such test was continued the next day (Saturday, August 3, 1895); that 'during that time they threshed 1,300 bushels of grain (oats, barley, and wheat and oats mixed) and some peas; that such test was in the presence of the *577plaintiffs local agent, Harmer; that…
2Cases cited1 opinion
- Kingman & Co. v. WatsonWisconsin Supreme Court · 1897
3Cited by7 opinions
- Westbrook v. Reeves & Co.Supreme Court of Iowa · 1907
- Nichols & Shepard v. CharleboisNorth Dakota Supreme Court · 1901
- Parry Manufacturing Co. v. TobinWisconsin Supreme Court · 1900
- Northern Electrical Manufacturing Co. v. H. M. Benjamin Coal Co.Wisconsin Supreme Court · 1902
- Trapp v. New Birdsall Co.Wisconsin Supreme Court · 1901
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