Kirkpatrick v. Kepler
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Dane county: E. Rat Stevews, Circuit Judge. The appeal is from a judgment in favor of defendants dismissing plaintiff’s complaint.
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Appeal from a judgment of the circuit court for Dane county: E. Rat Stevews, Circuit Judge. The appeal is from a judgment in favor of defendants dismissing plaintiff’s complaint. The plaintiff is a dealer in cheese in Richland Center, and on September 1, 1913, paid the defendants A. L. Kepler, A. H. Ray, G. H. Babb, L. Q. Brown, James Draper, Fred McMillan, F. F. Kepler, 8. Roudebush, William Wanless, and J. F. Davis $690.27 for eighty-three boxes of cheese at the then market price. These named defendants had been patrons of a cheese factory in Richland Center owned by one Walker, for whose…
1Opinion of the CourtEschweileb, J.
The plaintiff seeks to recover the amount he paid to the defendants for the eighty-three boxes of cheese on the theory that there was a failure of consideration and a breach of warranty of title.
Eor the purposes of this case it may be considered that a warranty may have been given by the defendants in one or *564more of three ways: first, by an express oral warranty; second, by an affirmation of title to be found in the language of the undertaking given by the defendants, under sec. 1684Í— 12, Stats.; third, an implied warranty under the provisions of sec. 1G84Í — 13, Stats. The first of these…
2Cases cited4 opinions
- J. I. Case Plow Works v. Niles & Scott Co.Wisconsin Supreme Court · 1895
- Shores Lumber Co. v. ClaneyWisconsin Supreme Court · 1899
- Edgerton v. MichelsWisconsin Supreme Court · 1886
- McQuaid v. RossWisconsin Supreme Court · 1890