McQuaid v. Ross
Wisconsin Supreme Court
APPEAL from the Circuit Court for La Fayette County. The following statement of the case was prepared by Mr. Justice Taylor as a part of the opinion: This action was brought to recover damages on a contract for the sale by the defendants to the plaintiff of a thoroughbred Durham bull.
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APPEAL from the Circuit Court for La Fayette County. The following statement of the case was prepared by Mr. Justice Taylor as a part of the opinion: This action was brought to recover damages on a contract for the sale by the defendants to the plaintiff of a thoroughbred Durham bull. The plaintiff in his complaint, in the first count thereof, seeks to recover damages on an implied warranty that the bull was not sterile and incompetent from latent defects to beget calves or generate Ms kind, and upon allegations that said bull was so sterile and incompetent, and so entirely wortMess for tbe…
1Opinion of the CourtTaylor, J.
The learned circuit judge having ruled that the plaintiff could not recover upon the theory that there was an implied warranty by the defendants that the bull was fit and competent to accomplish the purpose for which he was purchased, the only other material questions arising on the record are: (1) Did the court err in permitting parol evidence to be given to prove an express warranty not contained in the written bill of sale? And (2) if such evidence was admissible, does the evidence sustain the verdict of the jury upon that question? As we have come to the conclusion that the court erred in…
2Cases cited5 opinions
- Wiener v. WhippleWisconsin Supreme Court · 1881
- Cooper v. CleghornWisconsin Supreme Court · 1880
- Green v. BatsonWisconsin Supreme Court · 1888
- Merriam v. FieldWisconsin Supreme Court · 1869
- Schultz v. CoonWisconsin Supreme Court · 1881
3Cited by5 opinions
- J. I. Case Plow Works v. Niles & Scott Co.Wisconsin Supreme Court · 1895
- Union Selling Co. v. JonesCourt of Appeals for the Eighth Circuit · 1904
- Milwaukee Boiler Co. v. DuncanWisconsin Supreme Court · 1894
- Ady v. BarnettWisconsin Supreme Court · 1910
- Kirkpatrick v. KeplerWisconsin Supreme Court · 1917