Legal Opinion

Hall v. Wood

Wisconsin Supreme Court

Decided December 15, 1851PublishedCited by 4 opinions

ERROR to the County Court for Washington County. This was an action for the recovery of the price of a yoke of oxen claimed to have been sold by Wood to Hall, and in reference to which the defendant Hall claimed that they were sold by Wood, the plaintiff, to one Bullard; and that the alleged promise of Hall to pay for them was void under the statute of frauds, as being a promise to answer for the debt of Bullard.

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ERROR to the County Court for Washington County. This was an action for the recovery of the price of a yoke of oxen claimed to have been sold by Wood to Hall, and in reference to which the defendant Hall claimed that they were sold by Wood, the plaintiff, to one Bullard; and that the alleged promise of Hall to pay for them was void under the statute of frauds, as being a promise to answer for the debt of Bullard. The proof was clear that at the time of the sale, Hall told Wood that if he would let Bullard have the oxen, he, Hall, would pay him for them, and that Wood would not let Bullard…

1Opinion of the CourtKnowlton, J.

This was an action of assumpsit commenced before a justice of the peace in Washington county, for the recovery of $80, the price of a yoke of oxen, by the defendant in error against the plaintiff in error. The pleadings before the justice are as follows, to wit: The plaintiff declares for the pay of one pair of oxen the amount of eighty dollars, which amount was now due him from defendant for said oxen. The defendant pleaded for a nonsuit on the ground that he did not owe plaintiff, and under the statute, not liable for that amount. Also pleaded that it was a special promise to answer for a…

2Cited by4 opinions

  1. Weisel v. SpenceWisconsin Supreme Court · 1884
  2. Drovers' Deposit National Bank v. TichenorWisconsin Supreme Court · 1914
  3. West v. O'HaraWisconsin Supreme Court · 1882
  4. Schultz v. WilliamsWisconsin Supreme Court · 1932

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