Trapp v. New Birdsall Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Columbia county: R. G-. SiebegkeR, Circuit Judge, Action for damages for breach of warranty of a traction engine manufactured and sold by defendant to plaintiff.
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Appeal from a judgment of the circuit court for Columbia county: R. G-. SiebegkeR, Circuit Judge, Action for damages for breach of warranty of a traction engine manufactured and sold by defendant to plaintiff. The contract between the parties contained this provision: “ The purchaser agrees to carefully follow any directions given him by the New Bwdsall Go., in. starting and operating the machinery, and after giving it a fair trial of one week, and it should not work well, to give written notice to the New Bwdsall Go., at Auburn, New York, stating wherein it fails, and also to give like…
1Opinion of the CourtMarshall, J.
Respondent’s right to recover depended primarily on a solution in his favor of one or both of these questions: (1) Was the machine well built and of good material ? (2) Was the machine capable, with proper management, of doing as much and as well as other machines of like size and .proportions ? Either or both of such questions being established for respondent, his right to recover turned on the solution in his favor of these further questions: (3) Was Avritten notice given to agent Prien, from whom the machine Avas received, and to appellant at Auburn, New York, stating in what respect the…
2Cases cited14 opinions
- Brown v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1899
- Baxter v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1899
- Hart v. MoultonWisconsin Supreme Court · 1899
- Buchner v. Chicago, Milwaukee & Northwestern Railway Co.Wisconsin Supreme Court · 1884
- Vilas v. BundyWisconsin Supreme Court · 1900
9 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Juvland v. Wood Brothers Thresher Co.Supreme Court of Minnesota · 1942
- Northern Electrical Manufacturing Co. v. H. M. Benjamin Coal Co.Wisconsin Supreme Court · 1902
- J. I. Case Threshing Machine Co. v. EbbighausenNorth Dakota Supreme Court · 1903
- Lorenz v. Hart-Parr Co.Wisconsin Supreme Court · 1911
- Geiser Mfg. Co. v. CassellCourt of Appeals for the Eighth Circuit · 1909
1 more not listed; retrieve them via the Exa API.