D. M. Osborne & Co. v. McQueen
Wisconsin Supreme Court
APPEAL from the Circuit Court for Dodge County. Action upon promissory notes given for a part of the purchase price of a harvesting machine. Counterclaim for damages from a breach of warranty. The plaintiff is a corporation. The substance of the pleadings and of the evidence given on the trial will sufficiently appear from the opinion.
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APPEAL from the Circuit Court for Dodge County. Action upon promissory notes given for a part of the purchase price of a harvesting machine. Counterclaim for damages from a breach of warranty. The plaintiff is a corporation. The substance of the pleadings and of the evidence given on the trial will sufficiently appear from the opinion. The trial court held — in its instructions to the jury —■ that the plaintiff was entitled to recover upon the notes, but that if there had been a breach of the warranty the defendant was entitled to have his damages by reason of such breach set off against the…
1Opinion of the Court
The following opinion was filed October 12, 1886:
OetoN, J.
About the 5th of July, 1881, the respondent purchased of the appellant a machine called “ Osborne’s Self-binding Harvester,” at the agreed price of $210, and paid $100 on the same, and gave two notes for the balance, one for $35, dated September 8,1881, payable the 1st day of October, the same year, and the other for $135, of the same date, payable the 1st day of October, 1882, at seven per cent, interest. Appended to each note there was a waiver of “ all relief from valuation, appraisement, stay, exemption, and homestead laws, and all…
2Cases cited3 opinions
- Melby v. D. M. Osborne & Co.Supreme Court of Minnesota · 1885
- D. M. Osborne & Co. v. MarksSupreme Court of Minnesota · 1885
- Tunell v. D. M. Osborne & Co.Supreme Court of Minnesota · 1883
3Cited by5 opinions
- Inman Manufacturing Co. v. American Cereal Co.Supreme Court of Iowa · 1904
- Eyers v. HaddemU.S. Circuit Court for the District of Western Wisconsin · 1895
- Harrison v. . ScottNew York Court of Appeals · 1911
- Austin Co. v. Tillman Co.Oregon Supreme Court · 1922
- Harrison v. ScottAppellate Division of the Supreme Court of the State of New York · 1909