Jones v. De Muth
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Brown county: S. D. Hastihgs, Circuit Judge. Action to recover for cream separator alleged to bave been sold and. delivered by plaintiff to the defendant with, no specified price, but which, was of the alleged reasonable value of $100. Answer, general denial. Action was tried to the court, jury being waived.
Read the full summary
Appeal from a judgment of the circuit court for Brown county: S. D. Hastihgs, Circuit Judge. Action to recover for cream separator alleged to bave been sold and. delivered by plaintiff to the defendant with, no specified price, but which, was of the alleged reasonable value of $100. Answer, general denial. Action was tried to the court, jury being waived. The court found that on or about October 14th. plaintiff sold and delivered to the defendant the cream separator; that the same was of the reasonable value of $100; that payment had been demanded but not made; and rendered judgment in favor…
1Opinion of the CourtDodge, J.
The absence of exception to any except the finding of reasonable value renders findings conclusive as to all other facts to which they relate, and thus, it is established that the plaintiff sold and delivered and the defendant purchased this cream separator, that such sale was consummated on or about October 14th, and, as matter of course, the price was then fixed, not by express agreement of the parties, but by implication of law, at the reasonable value of the property. The only question, therefore, on this appeal is whether the finding that such value was then $100 is supported by any…
2Cases cited11 opinions
- Lockwood v. . ThorneNew York Court of Appeals · 1858
- Wiggins v. BurkhamSupreme Court of the United States · 1870
- Kelley v. CrawfordWisconsin Supreme Court · 1901
- Rose v. BradleyWisconsin Supreme Court · 1895
- Hinton v. ColemanWisconsin Supreme Court · 1878
6 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Ott v. Cream City Sand Co.Wisconsin Supreme Court · 1917
- Gurnett v. J. H. Flick Construction Co.Wisconsin Supreme Court · 1916
- Miller v. RyderWisconsin Supreme Court · 1911
- Gillette v. Manitowoc Church Furniture Co.Wisconsin Supreme Court · 1931
- George J. Meyer Manufacturing Co. v. Howard Brass & Copper Co.Wisconsin Supreme Court · 1945
1 more not listed; retrieve them via the Exa API.