Barton v. Kane
Wisconsin Supreme Court
APPEAL from the Circuit Court for Milwaukee County. Action for the contract price of cigars and tobacco sold and delivered to the defendant by the plaintiff Answer, that the cigars were ordered by sample; that those sent were greatly inferior to the samples, and a greater quantity than the defendant ordered; that he had therefore refused to accept any part of them, notifying the plaintiff of his non-acceptance, and had stored them away subject to plaintiff’s order until they…
Read the full summary
APPEAL from the Circuit Court for Milwaukee County. Action for the contract price of cigars and tobacco sold and delivered to the defendant by the plaintiff Answer, that the cigars were ordered by sample; that those sent were greatly inferior to the samples, and a greater quantity than the defendant ordered; that he had therefore refused to accept any part of them, notifying the plaintiff of his non-acceptance, and had stored them away subject to plaintiff’s order until they were destroyed by fire without fault of the defendant. On the trial, the deposition of one Schrauber, who acted as…
1Opinion of the Court
By the Court,
DixoN, C. J.
We are of opinion that the judgment of nonsuit must be set aside and a new trial granted in this case. The question is, whether there was any evidence on which the jury could be justified in finding that Kane received the goods and actually accepted the same, so as to render him liable as buyer. The case stands differently from what it stood when before this court at the January term, 1863. At that time it appeared from a statement of the defendant received in evidence before the plaintiff rested his cause, that the defendant, in a letter of the 29th of December, in…
2Cases cited1 opinion
- Corning & Norton v. Colt & NowlandNew York Supreme Court · 1830
3Cited by1 opinion
- Comstock v. SangerMichigan Supreme Court · 1883