Savage v. Drake
Wisconsin Supreme Court
ERROR TO circuit COURT, CRAWFORD COUNTY. This action was commenced by declaration in the common counts, for goods, &c., sold and delivered, but in fact to recover for the value of a large quantity of nursery trees, vines &c., sold by the Drakes to Savage. There was no bill of particulars. The defendant, Savage, pleaded the general issue, and gave notice that he should prove that the trees, vines, &c., were worthless and of no value at the time of their delivery.
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ERROR TO circuit COURT, CRAWFORD COUNTY. This action was commenced by declaration in the common counts, for goods, &c., sold and delivered, but in fact to recover for the value of a large quantity of nursery trees, vines &c., sold by the Drakes to Savage. There was no bill of particulars. The defendant, Savage, pleaded the general issue, and gave notice that he should prove that the trees, vines, &c., were worthless and of no value at the time of their delivery. On the trial of the cause the plaintiff’s below introduced an order signed by Savage, as follows: “ Messrs. E. B, J. F. & F. Drake,…
1Opinion of the Court
By the Court,
Smith, J.
It will be perceived upon slight reflection, that it is utterly impossible for the three members *274composing this court to discuss at length, or even notice seriatim, all the points which counsel .very properly raise in their briefs upon the cases presented. Although these points are considered in consultation, yet it ought not to be, and cannot be expected, that in the written opinions or “ decisions” of the cases respectively, all of the questions raised are to be treated of as propositions of law, and discussed at length, each of which might form the subject of an essay.
2Cases cited1 opinion
- Sewell v. EatonWisconsin Supreme Court · 1858
3Cited by1 opinion
- Ranger v. GoodrichWisconsin Supreme Court · 1863