Becker v. Beaver Manufacturing Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Milwaukee county: Oscar M. Fritz, Circuit Judge. The action was to recover the sale price of an automobile. Plaintiff had paid for the machine and sought to recover back because, as claimed, of a breach of warranty and rescission on that account of tbe purchase. The action was tried in the civil court of Milwaukee county, resulting in a judgment of dismissal, which was affirmed on appeal to the circuit court.
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Appeal from a judgment of the circuit court for Milwaukee county: Oscar M. Fritz, Circuit Judge. The action was to recover the sale price of an automobile. Plaintiff had paid for the machine and sought to recover back because, as claimed, of a breach of warranty and rescission on that account of tbe purchase. The action was tried in the civil court of Milwaukee county, resulting in a judgment of dismissal, which was affirmed on appeal to the circuit court. The contract of purchase, upon which the machine was delivered, contained the words, “Guaranty as per catalogue.” After trying the…
1Opinion of the CourtMaeshaxl, J.
As indicated, there was conflicting evidence as to whether tbe machine was defective within tbe field covered by tbe warranty. It may well be, as suggested by tbe circuit court, that tbe probabilities, looking at tbe printed record alone, are rather more in favor of appellant than respondent; but that furnishes no sufficient warrant for an appeal to this court. After giving due weight to tbe findings of tbe trial court, manifest prejudicial error must affirmatively appear to warrant a reversal. Hence. tbe instances are very few where, upon such consideration as should be bestowed upon tbe…
2Cited by6 opinions
- Miranovitz v. GeeWisconsin Supreme Court · 1916
- Le Sage v. Le SageWisconsin Supreme Court · 1937
- Ott v. Cream City Sand Co.Wisconsin Supreme Court · 1917
- Wald v. MittenWisconsin Supreme Court · 1938
- Industrial Heating & Engineering Co. v. AustinWisconsin Supreme Court · 1930
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