Merrill v. Nightingale
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Outagamie County. It appears from tbe pleadings and evidence that tbe plaintiffs agreed to manufacture for, and put up for use in tbe mill of tbe defendants, certain paper-mill machinery, for tbe manufacture of straw board paper, for which tbe defendant agreed to pay $19,250, and that they paid on the contract about $15,000. This action is for the unpaid balance of such contract price.
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APPEAL from tbe Circuit Court for Outagamie County. It appears from tbe pleadings and evidence that tbe plaintiffs agreed to manufacture for, and put up for use in tbe mill of tbe defendants, certain paper-mill machinery, for tbe manufacture of straw board paper, for which tbe defendant agreed to pay $19,250, and that they paid on the contract about $15,000. This action is for the unpaid balance of such contract price. The plaintiffs gave testimony on the trial tending to prove performance by them of the agreement. The defendants aver in their answer, and introduced testimony on the trial…
1Opinion of the CourtLyoN, J.
I. If, after a fair trial thereof, the machinery failed to answer the purposes for which the plaintiffs knew it was ordered, or failed to perform as warranted by the plaintiffs, the defendants might have relieved themselves from all liability to pay therefor by refusing to retain it, and by returning or offering to return the same to the plaintiffs within a reasonable time after it was put up in their mill. Woodle v. Whitney, 23 Wis., 55. The defendants did not elect to take this course, but retained the machinery, and seek, in this action for the unpaid balance of the price thereof, to…
2Cases cited2 opinions
- Boothby v. ScalesWisconsin Supreme Court · 1871
- Woodle v. WhitneyWisconsin Supreme Court · 1868
3Cited by10 opinions
- J. I. Case Plow Works v. Niles & Scott Co.Wisconsin Supreme Court · 1895
- Warder v. FisherWisconsin Supreme Court · 1880
- Churchill v. PriceWisconsin Supreme Court · 1878
- Darlington v. J. L. Gates Land Co.Wisconsin Supreme Court · 1913
- Maxwell v. LeeSupreme Court of Minnesota · 1886
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