Lockwood v. Stewart
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Milwaukee County. This was an action to recover damages for a breach of warranty as to the quality and condition of a carpet purchased by the plaintiff of the defendants. Verdict for the plaintiff. Motion for a new trial, on the ground that the verdict was contrary to the weight of evidence, overruled, the defendants excepting, and judgment upon the verdict.
1Opinion of the Court
By the Court,
Cole, J.
The point in controversy in this case was, whether the carpet mentioned in the pleadings was imperfect and injured at the time of the delivery thereof to the respondent, and was not free from damage or defects of every kind, as the appellants represented and warranted the carpet should be, when it was purchased, and what damages the respondent had sustained in consequence. The nature of the defects in the carpet, and the manner in which they were covered up, certainly authorized the jury in finding that those defects and injuries must have existed in the carpet before it…
2Cited by3 opinions
- State v. Yellow Jacket Silver Mining Co.Nevada Supreme Court · 1868
- Quint v. Ophir Silver Mining Co.Nevada Supreme Court · 1868
- Van Doran v. ArmstrongWisconsin Supreme Court · 1871