Wold v. Ordway
Wisconsin Supreme Court
APPEAL from the Circuit Court for Dodge County. The case is thus stated by Mr. Justice Cassoday : This action was to recover eight dollars, the alleged agreed purchase price of a pair of boots alleged to have been made by the plaintiff for the defendant upon his order, but which he refused to take or pay for. In addition to denials, the answer alleged a failure of performance of the contract on the part of the plaintiff, in' that the boots did not fit the defendant.
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APPEAL from the Circuit Court for Dodge County. The case is thus stated by Mr. Justice Cassoday : This action was to recover eight dollars, the alleged agreed purchase price of a pair of boots alleged to have been made by the plaintiff for the defendant upon his order, but which he refused to take or pay for. In addition to denials, the answer alleged a failure of performance of the contract on the part of the plaintiff, in' that the boots did not fit the defendant. On the trial in the justice’s court, the plaintiff recovered judgment for $8 damages arid $6.87 costs, making $14.87. The…
1Opinion of the CourtCassoday, J.
The judgment in the justice’s court, exclusive of costs, was less than $15. This being so, and there being no affidavit of any larger claim, the appeal was necessarily heard on the original papers and the return of the justice. Sec. 3767, R. S. It was so heard. Upon such hearing the court was expressly required, in effect, to give judgment according to the justice of the case, without regard to technical errors or defects which did not affect the merits; and, in giving judgment, to affirm or reverse the judgment of the court below, in whole or in part, either as to damages or costs or both,…
2Cited by1 opinion
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