Giffert v. West
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Saule County. The facts in this case sufficiently appear from the report of the former appeal herein (33 Wis., 617), and from the opinion. On a second trial the verdict was for the plaintiff; and from a judgment thereon the defendant appealed.
1Opinion of the CourtRyaN, C. J.
The material questions raised by this appeal were disposed of on a former appeal. Giffert v. West, 33 Wis., 617. Several of the same questions were now discussed at the bar. We will notice these only so far as may be necessary to explain our judgment on this appeal.
It was there- held that the complaint is upon an express warranty, which had failed in proof; but that the facts raised an implied warranty,, which, but for erroneous rulings on the trial, would have sustained the respondent’s recovery. The court held that in such a case the variance should be disregarded, or an immediate amendment…
2Cases cited3 opinions
- Bowman v. Van KurenWisconsin Supreme Court · 1871
- Giffert v. WestWisconsin Supreme Court · 1873
- Kellogg v. SteinerWisconsin Supreme Court · 1872
3Cited by11 opinions
- McClure v. . Central Trust Co.New York Court of Appeals · 1900
- Meyer v. RichardsSupreme Court of the United States · 1896
- Dowagiac Manufacturing Co. v. MahonNorth Dakota Supreme Court · 1904
- Cluseau v. WagnerSupreme Court of Louisiana · 1910
- Roberts v. WeadockWisconsin Supreme Court · 1898
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