Winkler v. Patten
Wisconsin Supreme Court
APPEAL from the County Court of Wiwnebago County. Action to recover a balance of $75.56 alleged to be due upon a sale of paper stock. The answer does not deny any of the allegations of the complaint, but alleges, by way of counterclaim, breaches of warranties as to the quality of the stock. The cause was tried by the court without a jury. A sufficient statement of the evidence will be found in the opinion.
Read the full summary
APPEAL from the County Court of Wiwnebago County. Action to recover a balance of $75.56 alleged to be due upon a sale of paper stock. The answer does not deny any of the allegations of the complaint, but alleges, by way of counterclaim, breaches of warranties as to the quality of the stock. The cause was tried by the court without a jury. A sufficient statement of the evidence will be found in the opinion. From a judgment in' favor of the defendants for $75 and costs, the plaintiffs appealed.
1Opinion of the CourtColb, C. J.
The litigation in the court below seems to have been confined to the counterclaims. In the counterclaims, the defendants, in effect, allege that the plaintiffs, in making sale of the merchandise to them, warranted the same to be good gunnies — far superior to any Milwaukee or Chicago packings — and that the goods were not as represented. They claimed they were damaged in the sum of $200, in consequence of the inferior quality of the goods.
The undisputed testimony shows that the plaintiffs, when they offered the goods to the defendants for sale, represented them to be “ good bagging and…
2Cases cited2 opinions
- Tenney v. StateWisconsin Supreme Court · 1871
- Gale Manufacturing Co. v. CribbWisconsin Supreme Court · 1882
3Cited by2 opinions
- Larson v. Aultman & Taylor Co.Wisconsin Supreme Court · 1893
- Keller v. OberreichWisconsin Supreme Court · 1886