Smith v. Coleman
Wisconsin Supreme Court
APPEAL from the Circuit Court for Winnebago County. The following statement of the case was prepared by Mr. Justice Tayloe as a part of the opinion: The appellant brought an action in the circuit court against the respondent upon the following writing: “ Eond du Lac, Aug. 29, 1883. “ The undersigned. agrees to accept Case engine, and keep same thirty days, and pay $3.50 per day, return it to Fond du Lao free of charge, and keep same in repair.
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APPEAL from the Circuit Court for Winnebago County. The following statement of the case was prepared by Mr. Justice Tayloe as a part of the opinion: The appellant brought an action in the circuit court against the respondent upon the following writing: “ Eond du Lac, Aug. 29, 1883. “ The undersigned. agrees to accept Case engine, and keep same thirty days, and pay $3.50 per day, return it to Fond du Lao free of charge, and keep same in repair. Time it is undergoing repairs to be deducted. “ [Signed] . T. A. Colbmau.” On the trial, the plaintiff established by his evidence that M. W. Marshall…
1Opinion of the CourtTaylob, J.
The only exception taken on the trial and which is available to the appellant on this appeal is the exception taken to the introduction of the evidence on the part of the defendant tending to show that the plaintiff warranted that the engine was in good repair and would perform the work which the defendant leased it for. The *347contention on the part of the plaintiff is that the written memorandum which was signed only by the defendant was conclusive as to what the contract between the parties in relation to the engine was. We think the learned circuit judge was clearly right in overruling this…
2Cases cited11 opinions
- Boothby v. ScalesWisconsin Supreme Court · 1871
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- Hahn v. DoolittleWisconsin Supreme Court · 1864
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3Cited by23 opinions
- Tyler v. SheaNorth Dakota Supreme Court · 1894
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- Mulford v. Torrey Exploration Co.Supreme Court of Colorado · 1909
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