Hein v. Mildebrandt
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Green Lake county: Chester A. Fowleis, Circuit Judge. ' This action was brought to recover tbe value of a cream separator alleged to bave been sold by tbe Vermont Farm Machine Company to respondent. Tbe contract and all claims thereunder were assigned to tbe appellant, August F. Hein.
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Appeal from a judgment of tbe circuit court for Green Lake county: Chester A. Fowleis, Circuit Judge. ' This action was brought to recover tbe value of a cream separator alleged to bave been sold by tbe Vermont Farm Machine Company to respondent. Tbe contract and all claims thereunder were assigned to tbe appellant, August F. Hein. Tbe contract contains tbe following provisions: “Tbe Improved U. S. Separators are sold under tbe guarantee that when used according to tbe printed directions they will bave tbe capacities per hour stated in tbe price lists in catalogues, depending upon tbe season…
1Opinion of the CourtEeRWIet, J.
1. Whether it was established as matter of law that Mein was the local selling agent within the meaning of the contract of sale and made the sale to respondent is the only serious question on this appeal. The refusal of the court to leave this question to the jury is the principal error complained of by appellant. The contract provided, as appears from the statement of facts, that if upon starting the separator it should not work well immediate written notice must be given to the “local selling agent of whom it was purchased, and reasonable time be allowed to get to it and remedy the defects,…
2Cases cited7 opinions
- Powell v. Ashland Iron & Steel Co.Wisconsin Supreme Court · 1897
- McCune v. BadgerWisconsin Supreme Court · 1905
- Collins v. City of JanesvilleWisconsin Supreme Court · 1903
- Kingman & Co. v. WatsonWisconsin Supreme Court · 1897
- Pumorlo v. City of MerrillWisconsin Supreme Court · 1905
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Goldstein v. United StatesCourt of Appeals for the Eighth Circuit · 1933
- Exchange State Bank v. Occident Elevator Co.Montana Supreme Court · 1933
- Palmer v. Reeves & Co.Missouri Court of Appeals · 1909
- Lorenz v. Hart-Parr Co.Wisconsin Supreme Court · 1911
- Oshogay v. SchultzWisconsin Supreme Court · 1950
3 more not listed; retrieve them via the Exa API.