Rhein v. Burns
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Nock county: Geoegb GeiMM, Circuit Judge. Action to recover on contract. Plaintiff claimed a balance due of $200 for installing a winding machine in the Janesville Batting Mills, for putting up for the trade absorbent cotton. Defendants defended upon the ground of breach of contract and counterclaimed on such ground for damages.
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Appeal from a judgment of the circuit court for Nock county: Geoegb GeiMM, Circuit Judge. Action to recover on contract. Plaintiff claimed a balance due of $200 for installing a winding machine in the Janesville Batting Mills, for putting up for the trade absorbent cotton. Defendants defended upon the ground of breach of contract and counterclaimed on such ground for damages. As a result of some negotiations between defendant Burns .and plaintiff regarding the installation of a winding machine in the mill of the defendant Janesville Batting Mills a written contract was made as follows:…
1Opinion of the CourtMaRShall, J.
The court instructed the jury in respect to the question as to whether plaintiff made for defendants a machine that would wind absorbent cotton in a satisfactory manner for the general trade, that they should determine from the evidence whether the machine agreed upon included a header device as a constituent part of it, and answer the question in view of their determination in that respect.
It is contended that the instruction referred to was erroneous as there was no evidence that the contract called for a machine including a header device. True the direct evidence was substantially as…
2Cases cited1 opinion
- Oscar Smith & Sons Co. v. Janesville Batting MillsWisconsin Supreme Court · 1912