Legal Opinion

Ganson v. Madigan

Wisconsin Supreme Court

Decided November 19, 1860PublishedCited by 19 opinions

APPEAL from tbe Circuit Court for Dodge County. For a full statement of tbe contract on which, tbis suit was founded, and of tbe pleadings, see Ganson et al. vs. Madigan_ 9 Wis., 146. Macligan signed an order in February, 1855, requesting Ganson, Huntley & Go. to manufacture and deliver to bim at Milwaukee, to tbe care of Wells & Co., or of Dousman & Co., on or before tbe first of July following, one of Palmer & Williams’ patent self-raking reapers, warranted to be capable,…

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APPEAL from tbe Circuit Court for Dodge County. For a full statement of tbe contract on which, tbis suit was founded, and of tbe pleadings, see Ganson et al. vs. Madigan_ 9 Wis., 146. Macligan signed an order in February, 1855, requesting Ganson, Huntley & Go. to manufacture and deliver to bim at Milwaukee, to tbe care of Wells & Co., or of Dousman & Co., on or before tbe first of July following, one of Palmer & Williams’ patent self-raking reapers, warranted to be capable, with one man and a good team, of cutting, raking, &c., from twelve to twenty acres of grain in a day, for wbicb be…

1Opinion of the Court

By the Court,

Paine, J..

This case has once been before this court, and a judgment recovered by the defendant was reversed because the court below had instructed the jury that the plaintiffs could not recover without showing that one of the machines delivered to Dousman & Oo. had been designated and set apart for the defendant, and marked with his name. Another trial was had, on which the plaintiffs recovered a judgment, and the defendant has appealed. While conceding that the former judgment was properly reversed, for the reason that the circuit court went too far in saying that the machine…

2Cases cited1 opinion

  1. Allen v. JarvisSupreme Court of Connecticut · 1849

3Cited by19 opinions

  1. Ganson v. MadiganWisconsin Supreme Court · 1862
  2. Moline Scale Co. v. BeedSupreme Court of Iowa · 1879
  3. Hutchinson v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1875
  4. Texas P. R'y Co. v. NicholsonTexas Supreme Court · 1884
  5. Dwiggins v. ClarkIndiana Supreme Court · 1884

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