Harrington v. Downing
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Wau-kesha county: Martin L. Lueck, Circuit Judge. On the 4th day of May, 1914, at the city and county of Waukesha, the defendants sold to plaintiff a certain cow, known as Jennie De Kol Pauline, No. 161,219, and warranted said cow to be sound.
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Appeal from a judgment of tbe circuit court for Wau-kesha county: Martin L. Lueck, Circuit Judge. On the 4th day of May, 1914, at the city and county of Waukesha, the defendants sold to plaintiff a certain cow, known as Jennie De Kol Pauline, No. 161,219, and warranted said cow to be sound. The plaintiff alleged in his complaint that at the time of said sale and warranty said cow was physically unsound, in that it was afflicted with a disease known as mamitis and had an infectious disease commonly known as contagious abortion, and claimed damages as and for a breach of said warranty of…
1Opinion of the CourtOweN, J.
Appellants contend that there was not sufficient evidence to justify submitting to the jury the question of whether the cow was afflicted with contagious abortion at the time of the sale nor to sustain an affirmative finding in that behalf. We have carefully examined the evidence and are satisfied that it was sufficient to take the question to the jury and to sustain the verdict. No useful purpose will be accomplished by a review and analysis of the evidence and no more need be said upon this branch of the case.
In answering the allegation of the complaint that the cow was afflicted with a…
2Cases cited2 opinions
- Leora v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.Wisconsin Supreme Court · 1914
- Congar v. ChamberlainWisconsin Supreme Court · 1861
3Cited by13 opinions
- Roseliep v. HerroWisconsin Supreme Court · 1931
- Braasch v. BondeWisconsin Supreme Court · 1926
- State v. ConwayWisconsin Supreme Court · 1967
- State v. JohnstonWisconsin Supreme Court · 1925
- North Gate Corp. v. North Gate Bowl, Inc.Wisconsin Supreme Court · 1967
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