Fox v. Boldt
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Grant county: George Clementson, Circuit Judge. Action to recover on promissory notes given for the purchase price of a tractor. Defense, breach of warranty.
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Appeal from a judgment of the circuit court for Grant county: George Clementson, Circuit Judge. Action to recover on promissory notes given for the purchase price of a tractor. Defense, breach of warranty. Defendant and his brother formed a partnership, to conduct the business of threshing grain, about August 1, 1918. The brother had an old separator, and it was agreed that he •should buy a new 26 — 46 Case separator and defendant would buy the tractor to run it Plaintiffs were engaged in .the farm machinery business at Platteville. On August 1, 1918, defendant purchased from them a 12 — 25…
1Opinion of the Court
The following opinion was filed July 3, 1920:
Owen, J.
The contract between the parties was in writing.' It contained no express warranty, and parol evidence to show a verbal warranty was not admissible. Ohio E. Co. v. Wis.-Minn. L. & P. Co. 161 Wis. 632, 155 N. W. 112. The statute (sub. (4), sec. 1684f — 15) provides that “In the case of a contract to sell or a sale of a specified article under its patent or other trade name, there is no implied warranty as to its fitness for any particular purpose.” There was therefore no warranty that the engine would de*339velop any particular horse-power or…
2Cases cited4 opinions
- Fox v. WilkinsonWisconsin Supreme Court · 1907
- Grieb v. ColeMichigan Supreme Court · 1886
- Kelsey v. J. W. Ringrose Net Co.Wisconsin Supreme Court · 1913
- Ohio Electric Co. v. Wisconsin-Minnesota Light & Power Co.Wisconsin Supreme Court · 1915
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- J. L. Owens Co. v. Leland Farmers Elevator Co.Supreme Court of Iowa · 1924
- Lee v. Pauly Motor Truck Co.Wisconsin Supreme Court · 1922
- Wisconsin Livestock Ass'n v. BowermanWisconsin Supreme Court · 1929
- Mallow v. HallWisconsin Supreme Court · 1932
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