Leopold v. Van Kirk
Wisconsin Supreme Court
APPEAL from the Circuit Court for Milwaukee County. The complaint alleges that “ plaintiffs are partners in business, etc., and are shippers and forwarders to ports and places upon Lake Superior, and purchasers upon commission of supplies and provisions to he used and vended in the mining regions of Lake Superior,” and that the defendants (partners in business at Milwaukee, as packers of meat and provisions), at the request of plaintiffs, about November 7th, 1868, at…
Read the full summary
APPEAL from the Circuit Court for Milwaukee County. The complaint alleges that “ plaintiffs are partners in business, etc., and are shippers and forwarders to ports and places upon Lake Superior, and purchasers upon commission of supplies and provisions to he used and vended in the mining regions of Lake Superior,” and that the defendants (partners in business at Milwaukee, as packers of meat and provisions), at the request of plaintiffs, about November 7th, 1868, at Milwaukee, undertook to furnish plaintiffs cured and pickled hams of their own curing and packing, “properly preserved and…
1Opinion of the CourtDixoN, C. J.
What was the meaning of the express contract that the defendants would pack the hams in their usual good style and in a proper manner for the Lake Superior trade, as testified by the defendant Rodáis, or of the warranty, as testified by the plaintiff Leopold, that, knowing the hams were purchased for that trade, the defendants warranted them ? Did the express contract or the warranty mean, ordinary and proj>er care being observed in their shipment and transportation, that the hams should in every other event be in a sound condition and fit for use when they reached their place of destination…
2Cases cited1 opinion
- Pease v. SabinSupreme Court of Vermont · 1866
3Cited by12 opinions
- Kellogg Bridge Co. v. HamiltonSupreme Court of the United States · 1884
- Fairbank Canning Co. v. . MetzgerNew York Court of Appeals · 1890
- Davis Calyx Drill Co. v. MalloryCourt of Appeals for the Eighth Circuit · 1905
- Giffert v. WestWisconsin Supreme Court · 1873
- Horton v. Town of North AttleboroughMassachusetts Supreme Judicial Court · 1939
7 more not listed; retrieve them via the Exa API.