Legal Opinion

Deering v. Hoeft

Wisconsin Supreme Court

Decided September 24, 1901PublishedCited by 13 opinions

Appeal from a judgment of the circuit court for Mar'quette county: E. G. SiebeoeeR, Circuit Judge. The plaintiffs sue to recover the price of a self-binder. The action is based upon a written order dated June 14, 1900, addressed to Hamilton Bros., as the agents of plaintiffs. It is signed by the defendant with his mark and calls for “ one Ideal binder, complete.”

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Appeal from a judgment of the circuit court for Mar'quette county: E. G. SiebeoeeR, Circuit Judge. The plaintiffs sue to recover the price of a self-binder. The action is based upon a written order dated June 14, 1900, addressed to Hamilton Bros., as the agents of plaintiffs. It is signed by the defendant with his mark and calls for “ one Ideal binder, complete.” The machine was warranted to be well made, of good materials, and, with proper ■care and management, durable and capable of doing good work. The purchaser was to have one day to give it a fair -trial, and if it did not work well…

1Opinion of the CourtBabdeeu, J.

This action is based,upon a written order signed by the defendant for the purchase of an Ideal binder, manufactured by the plaintiffs. The defense is that the defendant was induced to sign said order upon the representation of plaintiffs’ agent that it was in accord with a verbal agreement to the effect that defendant might take the machine and keep it if satisfied with it, and if not satisfied with it he could return it at any time and not pay for it. The jury-found the issue for defendant as stated in the special verdict, and this finding is now challenged on the ground that the fraud…

2Cases cited4 opinions

  1. Jackowski v. Illinois Steel Co.Wisconsin Supreme Court · 1899
  2. Sanger v. DunWisconsin Supreme Court · 1879
  3. Albrecht v. Milwaukee & Superior Railway Co.Wisconsin Supreme Court · 1894
  4. McGowan v. Supreme Court of the Independent Order of ForestersWisconsin Supreme Court · 1900

3Cited by13 opinions

  1. Olfe v. GordonWisconsin Supreme Court · 1980
  2. Ross v. Northrup, King & Co.Wisconsin Supreme Court · 1914
  3. Morstad v. Atchison, T. & S. F. Ry Co.New Mexico Supreme Court · 1918
  4. Grant Marble Co. v. AbbotWisconsin Supreme Court · 1910
  5. McKinney v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1914

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