Estey Organ Co. v. Lehman
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Brown-county: S. D. HastiNgs, Circuit Judge. Tbis action was brought to recover tbe price of an organ and motor.
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Appeal from a judgment of tbe circuit court for Brown-county: S. D. HastiNgs, Circuit Judge. Tbis action was brought to recover tbe price of an organ and motor. The original complaint alleged their sale and delivery at Houghton, Michigan, on or about February 1, 1904, for the agreed price of $2,401.05. The defendants answered, admitting that they purchased from plaintiff an organ and motor, and denying all other allegations of the complaint, and further alleging that the agreed price was $1,750. Defendants also set up several counterclaims for damages on account of breaches of warranty in…
1Opinion of the CourtKeewiN, J.
The assignments of error discussed by appellants may be treated under the following heads: (1) Denial of defendants’ motions for nonsuit, directed verdict, and judgment notwithstanding the verdict. (2) Order of April 28, 1906, allowing amendment to complaint. (3) Errors in the admission and exclusion of evidence. (4) Order denying new trial. The defendants claimed an agreement to purchase the organ and motor at $1,750, and this question was found against them by the jury. The jury also found against defendants upon the counterclaims. Aside from the facts found by the jury there is but little…
2Cases cited12 opinions
- Beyer v. St. Paul Fire & Marine InsuranceWisconsin Supreme Court · 1901
- Flaherty v. HarrisonWisconsin Supreme Court · 1898
- Hallum v. Village of OmroWisconsin Supreme Court · 1904
- Bannon v. Insurance Co. of North AmericaWisconsin Supreme Court · 1902
- Collins v. City of JanesvilleWisconsin Supreme Court · 1903
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3Cited by11 opinions
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- Hanson v. Town of ClintonWisconsin Supreme Court · 1914
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