Legal Opinion

Rhyner v. Carver

Wisconsin Supreme Court

Decided January 31, 1893PublishedCited by 1 opinion

APPEAL from the Circuit Court for Green County. Rhyner was a cheese manufacturer, and in February, 1890, entered into a written contract with Garner, a farmer, by which Ganuer was to deliver at the factory, twice a day, from May 1 to November 1, 1890, the milk from fifteen cows, for which Rhyner was to pay certain prices, fixed by the contract; the milk to be “ sweet, fresh, healthy, and unadulterated.”

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APPEAL from the Circuit Court for Green County. Rhyner was a cheese manufacturer, and in February, 1890, entered into a written contract with Garner, a farmer, by which Ganuer was to deliver at the factory, twice a day, from May 1 to November 1, 1890, the milk from fifteen cows, for which Rhyner was to pay certain prices, fixed by the contract; the milk to be “ sweet, fresh, healthy, and unadulterated.” Milk was delivered every day under the contract, and Rhyner in his complaint alleges that Garner violated his contract by mixing a quantity of skimmed milk with the fresh milk each day, by…

1Opinion of the Court

The following opinion was filed December 6, 1892:

"Winslow, J.

A number of errors are assigned, which will be considered in their order.

1. Plaintiff introduced the evidence of several girls who worked for Ccvrner during the summer, and who testified that they frequently emptied pans of skimmed milk into the cans which went to the cheese factory, by direction of Mrs. Carver, wife of the defendant. A motion to strike out the testimony that this was done by direction- of Mrs. Carver was denied, and the defendant put Mrs. Carver on the stand, and she was allowed, against plaintiff’s objection, to…

2Cases cited1 opinion

  1. Savage v. DavisWisconsin Supreme Court · 1864

3Cited by1 opinion

  1. Karlen v. HadingerWisconsin Supreme Court · 1911

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