Warder v. Whitish
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Grant County. Tbe following statement of tbe case was prepared by Mr. Justice Cassoday: This is an action to recover $135 and interest, tbe alleged purchase price of a certain Champion Light Binder manufactured by tbe plaintiff, and delivered to tbe defendant under an alleged written contract with a warranty annexed.
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APPEAL from tbe Circuit Court for Grant County. Tbe following statement of tbe case was prepared by Mr. Justice Cassoday: This is an action to recover $135 and interest, tbe alleged purchase price of a certain Champion Light Binder manufactured by tbe plaintiff, and delivered to tbe defendant under an alleged written contract with a warranty annexed. Tbe answer denied tbe execution of any sucb contract, and alleged in effect that tbe agent of tbe plaintiff applied to tbe defendant to sell him sucb a machine, and upon tbe defendant’s informing him tbat.be bad seen tbe plaintiff’s machine and…
1Opinion of the CourtCassoday, J.
Tbe finding of tbe jury in favor of tbe defendant is to tbe effect that be was induced to sign tbe written contract by tbe false representations of tbe plaintiff’s agent, and that tbe real contract of purchase was in effect as alleged in tbe defendant’s answer. There is evi dence sufficient to support tbe verdict. It remains to be considered whether there were any errors upon tbe trial.
1. Error is assigned because tbe court refused to instruct that “ if tbe jury believes that the contract described in, the complaint was entered into between the plaintiff a/nd defendant, tbe jury is instructed…
2Cases cited3 opinions
- Herbst v. LoweWisconsin Supreme Court · 1886
- Exhaust Ventilator Co. v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1886
- Exhaust Ventilator Co. v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1887
3Cited by23 opinions
- Bostwick v. Mutual Life Insurance Co.Wisconsin Supreme Court · 1903
- White Sewing MacHine Co. v. BullockSupreme Court of North Carolina · 1912
- Whipple v. . Brown Brothers Co.New York Court of Appeals · 1919
- Strand v. GriffithCourt of Appeals for the Eighth Circuit · 1899
- Massey v. . AlstonSupreme Court of North Carolina · 1917
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