Nauman v. Ullman
Wisconsin Supreme Court
Appeal from a, judgment of the circuit court for Door -county: S-. D. Hastings, Je., Circuit Judge. The plaintiff purchased from the defendant a horse for $90, which was warranted to be well and sound except for a cold.
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Appeal from a, judgment of the circuit court for Door -county: S-. D. Hastings, Je., Circuit Judge. The plaintiff purchased from the defendant a horse for $90, which was warranted to be well and sound except for a cold. On the completion of the negotiation, plaintiff paid $40 down, and, haying left at home a certificate of deposit for $50, was unable to pay the balance then, whereupon a note was prepared by the defendant and signed by the plaintiff for $50, payable three days afterwards, providing that the sale of the horse was upon condition that ownership and possession should not pass from…
1Opinion of the CourtDodge, J.
1. The first, second, and eighth assignments of error raise generally the question of the sufficiency of the evidence to support the verdict. The defendant contends that by the terms of the note the sale was conditional and executory; that payment of the same constituted an acceptance of the horse and a waiver of the breach of the warranty, which breach, he contends, the answer to the third question finds was then known to plaintiff.
It is unnecessary to decide whether the giving of the note in question transposed the transaction into an executory sale, so that, as defendant claims, the…
2Cases cited7 opinions
- Smith v. ColemanWisconsin Supreme Court · 1890
- Morehouse v. ComstockWisconsin Supreme Court · 1877
- Hahn v. DoolittleWisconsin Supreme Court · 1864
- Warder v. FisherWisconsin Supreme Court · 1880
- Bonnell v. JacobsWisconsin Supreme Court · 1874
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Brader v. BraderWisconsin Supreme Court · 1901
- Bond & Maxwell v. PerrinSupreme Court of Georgia · 1916
- Smith v. ReedWisconsin Supreme Court · 1910
- Keniston v. ToddSupreme Court of Iowa · 1908
- Lippincott v. LawrieWisconsin Supreme Court · 1903
1 more not listed; retrieve them via the Exa API.