Oscar Smith & Sons Co. v. Janesville Batting Mills
Wisconsin Supreme Court
Appeal from a judgment of the circuit' court for Rock county: Geoege Geimm, Circuit Judge. Action for the purchase price of some baled cotton waste, sold defendant by sample and delivered into its possession. There was no dispute as to the contract or amount of the goods. Defendant answered that the cotton was inferior to the sample; that it seasonably discovered such fact and notified plaintiff thereof and asked for orders for disposition and reshipment.
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Appeal from a judgment of the circuit' court for Rock county: Geoege Geimm, Circuit Judge. Action for the purchase price of some baled cotton waste, sold defendant by sample and delivered into its possession. There was no dispute as to the contract or amount of the goods. Defendant answered that the cotton was inferior to the sample; that it seasonably discovered such fact and notified plaintiff thereof and asked for orders for disposition and reshipment. Defendant, also, counterclaimed for $800 damages and the full purchase price of the cotton. According- to the evidence the cotton was sold…
1Opinion of the CourtMaeshall, J.
The instruction as to the burden of proof being on the defendant “to show that . ! . the waste was inferior to the sample and was not substantially like it” was proper, if there were evidence to go t'o the jury on the question of whether appellant accepted the property, and its remedy, if it had any, was limited to reducing respondent’s claim by the difference between the contract price and the fair market value of the cotton.
The rule counsel for appellant contends for, citing Grenawalt v. Roe, 136 Wis. 501, 117 N. W. 1017, applies where *530there has not been an acceptance of the property…
2Cases cited5 opinions
- Ashland Lime, Salt & Cement Co. v. ShoresWisconsin Supreme Court · 1899
- Northern Supply Co. v. WangardWisconsin Supreme Court · 1903
- Forster, Waterbury Co. v. F. MacKinnon Manufacturing Co.Wisconsin Supreme Court · 1907
- Grenawalt v. RoeWisconsin Supreme Court · 1908
- H. McCormick Lumber Co. v. WinansWisconsin Supreme Court · 1906
3Cited by3 opinions
- Tate-Jones & Co. v. Union Electric Steel Co.Supreme Court of Pennsylvania · 1924
- Rhein v. BurnsWisconsin Supreme Court · 1916
- Stowell Co. v. South Side Malleable Casting Co.Wisconsin Supreme Court · 1921