Northern Electrical Manufacturing Co. v. H. M. Benjamin Coal Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Milwaukee county: LawkeNoe W. Halsey, Circuit Judge. Action to recover the purchase price of an electric motor. Defendant pleaded breach of warranty as a defense, and counterclaimed for damages suffered'from such breach.
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Appeal from a judgment of the circuit court for Milwaukee county: LawkeNoe W. Halsey, Circuit Judge. Action to recover the purchase price of an electric motor. Defendant pleaded breach of warranty as a defense, and counterclaimed for damages suffered'from such breach. It also alleged as defensive matter that the written contract was intended to have been executed in duplicate; that two papers were signed by defendant upon plaintiff’s assurance that they were in fact what they purported to be; that both papers were prepared by plaintiff for execution; that after they were signed one was…
1Opinion of the CourtMabshaul, J.
As we view the record in this case it was the duty of appellant, promptly after the machine was started up and put into the service for which it was purchased,— which seems, unquestionably, to have occurred June 17, 1900, — to decide whether such machine fulfilled the contract, and, if the conclusion was unfavorable, to notify respondent thereof at Madison, Wisconsin, by telegraph or mail. That is what was agreed upon in these words:
“If upon receiving and starting said machinery, the purchaser claims that in any way it does not comply with the terms of this contract, he shall promptly notify…
2Cases cited4 opinions
- De Kay v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1889
- Davis' Sons v. ButrickSupreme Court of Iowa · 1885
- Nichols & Shepard Co. v. ChaseWisconsin Supreme Court · 1899
- Trapp v. New Birdsall Co.Wisconsin Supreme Court · 1901
3Cited by6 opinions
- State v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1907
- Tegen v. ChapinWisconsin Supreme Court · 1922
- Frigorifico Wilson De La Argentina v. Weirton Steel Co.Court of Appeals for the Fourth Circuit · 1933
- Pratt-Gilbert Co. v. HildrethArizona Supreme Court · 1922
- J. C. Boss Engineering Co. v. Gunderson Brick & Tile Co.Supreme Court of Minnesota · 1926
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