South Side Malleable Casting Co. v. Four Wheel Drive Auto Co.
Wisconsin Supreme Court
Appeal from an order of the circuit court for Waupaca county: Byron B. Park, Circuit Judge. This action is brought by plaintiff to recover the alleged contract price for castings furnished by plaintiff to defendant between January 28 and March 23, 1918. These castings were delivered by plaintiff to defendant.
Read the full summary
Appeal from an order of the circuit court for Waupaca county: Byron B. Park, Circuit Judge. This action is brought by plaintiff to recover the alleged contract price for castings furnished by plaintiff to defendant between January 28 and March 23, 1918. These castings were delivered by plaintiff to defendant. Defendant refused to pay for them on the ground that the castings contained cracks and blow-holes and were otherwise defective and unfit for the purposes for which they were intended. Plaintiff claims that a certain change was made in the pattern for the castings by defendant on January…
1Opinion of the Court
The following opinion was filed March 8, 1921:
Siebecker, C. J.
Mr. Justice Rosenberry, Mr. Justice' Esciiweiler, and Mr. Justice Owen are of the opinion that the order granting a new trial should be reversed. Mr. Justice Vinje, Mr. Justice Jones, and the writer are of the opinion that it should be affirmed. This, under the rule, requires an affirmance of the order. Johnston v. West Allis, 173 Wis. 463, 180 N. W. 121.
By the Court. — The order appealed from is affirmed.
A motion for a rehearing was denied, with $25 costs, on May 3, 1921.
2Cases cited1 opinion
- Johnston v. City of West AllisWisconsin Supreme Court · 1921
3Cited by2 opinions
- Scott Smith v. Greg KleynermanWisconsin Supreme Court · 2017
- Scott Smith v. Greg KleynermanWisconsin Supreme Court · 2017