Haberman v. Gasser
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Eichland county: Geo. OlbMENTSON, Circuit Judge. This is an action in tort to recover damages for sickness alleged to have been caused by eating diseased meat sold to the plaintiff by the defendant.
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Appeal from a judgment of the circuit court for Eichland county: Geo. OlbMENTSON, Circuit Judge. This is an action in tort to recover damages for sickness alleged to have been caused by eating diseased meat sold to the plaintiff by the defendant. The answer admits, the sale of the meat, alleges settlement of the plaintiff’s right of action, and charges that any sickness which the plaintiff may have had was caused solely by her own negligence, and denies all the other allegations of the complaint. The action was tried before a jury. The plaintiff’s evidence showed that in February, 1898, she…
1Opinion of the CourtWiNsnow, J.
A motion for nonsuit was made in this case on the ground that the evidence showed that the plaintiff had elected to rescind the contract for the purchase of the meat and receive back the consideration paid, and had thereby waived any other remedy. This motion was properly overruled, for a plain reason. If any contract was rescinded, it was a contract with the husband. The plaintiff, in purchasing family supplies, was acting as agent of her husband; and hence any contract made by her was in legal effect her husband’s contract, and the rescission thereof could not affect her right to damages in…
2Cases cited1 opinion
- Pickett v. CrookWisconsin Supreme Court · 1866
3Cited by5 opinions
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- McCurdy v. HughesNorth Dakota Supreme Court · 1933