Barnes v. Burns
Wisconsin Supreme Court
APPEAL from the Circuit Court for Winnebago County. This action was brought to recover damages resulting to the plaintiff from the bursting of a steam-boiler which the defendant bad made and sold to bim.
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APPEAL from the Circuit Court for Winnebago County. This action was brought to recover damages resulting to the plaintiff from the bursting of a steam-boiler which the defendant bad made and sold to bim. Tbe complaint alleges that tbe defendant was a manufacturer of steam-boilers to be used in generating steam, and as sucb entered into a written contract with tbe plaintiff, who is a machinist and manufacturer, to construct and manufacture, within a reasonable time, for §215, a steam-boiler of certain shape, size, etc., and strong enough to withstand a pressure of 150 pounds to the square…
1Opinion of the CourtPiNNEY, J.
1. The special contract set out in the complaint having been rescinded, leaving the boiler in question in the defendant’s possession as his own property, that contract is eliminated from the case as a foundation for any recovery. The plaintiff is forced to and does rely only on the express warranty of fitness made after such test, in September, 1889, when the boiler was sold and delivered to him, many months after he had refused to take it, and *235after the contract under which it was manufactured had been rescinded. It is found by the jury that the defendant represented at that time that the…
2Cases cited7 opinions
- Hutchinson v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1877
- Weisel v. SpenceWisconsin Supreme Court · 1884
- White v. StellohWisconsin Supreme Court · 1889
- Buffalo Barb Wire Co. v. PhillipsWisconsin Supreme Court · 1886
- Neave v. ArntzWisconsin Supreme Court · 1882
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Larson v. Aultman & Taylor Co.Wisconsin Supreme Court · 1893
- McQuaid v. RossWisconsin Supreme Court · 1893
- McGowan v. Supreme Court of the Independent Order of ForestersWisconsin Supreme Court · 1900
- Ellis v. RiddickCourt of Appeals of Texas · 1904
- Valley Iron Works Manufacturing Co. v. Grand Rapids Flouring Mill Co.Wisconsin Supreme Court · 1893