Burhans v. Johnson
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Dodge County. This was an action before a justice of tbe peace, to recover tbe price of a map of Dodge county prepared and published by tbe plaintiffs; one copy of which tbe complaint alleges that tlie defendant subscribed for, but refused to receive.
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APPEAL from tbe Circuit Court for Dodge County. This was an action before a justice of tbe peace, to recover tbe price of a map of Dodge county prepared and published by tbe plaintiffs; one copy of which tbe complaint alleges that tlie defendant subscribed for, but refused to receive. The answer, in addition to a general denial, alleges in substance, that at tbe time tbe defendant subscribed for a map of Dodge county, tbe plaintiffs represented to him tbat said map should contain certain engravings, and tbat tbe plaintiffs bad never tendered to him a map containing such engravings; tbat tbe…
1Opinion of the Court
By the Court,
PAINE, J.
The court below clearly erred in refusing to admit the testimony offered by the defendant to show-that the map offered him contained nicknames of some . of the persons designated as land owners upon it, and epithets having a natural tendency to subject them to ridicule. If the map did contain such things, it would be a libel, and no man having contracted fora map of Dodge county, would be bound to take a map which would be a libel on his neighbors. The argument of the respondents’ counsel is, that as the defendant entered into a written contract to take a copy of the map…
2Cited by4 opinions
- Rousseau v. . CallSupreme Court of North Carolina · 1915
- Boushall v. . StronachSupreme Court of North Carolina · 1916
- Hollehan v. RoughanWisconsin Supreme Court · 1885
- Nelson v. KressWisconsin Supreme Court · 1911