Legal Opinion

Buffalo Barb Wire Co. v. Phillips

Wisconsin Supreme Court

Decided November 3, 1886PublishedCited by 8 opinions

APPEAL from the County Court of Mil/wcmhee County. The facts are sufficiently stated in the opinion. There was a verdict for the plaintiff, and from the judgment entered thereon the defendants appealed. The cause was before this court on a former appeal, and is reported in 64 Wis. 338. for the respondent, contended, iMer alia, that no advantage can be taken on appeal of a general exception to a charge not wholly wrong.

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APPEAL from the County Court of Mil/wcmhee County. The facts are sufficiently stated in the opinion. There was a verdict for the plaintiff, and from the judgment entered thereon the defendants appealed. The cause was before this court on a former appeal, and is reported in 64 Wis. 338. for the respondent, contended, iMer alia, that no advantage can be taken on appeal of a general exception to a charge not wholly wrong. Mil. & O. B. Oo. v. Hunter, 11 Wis. 160; Tomli/nson v. Wallace, 16 id. 224; Somervailv. Gillies, 31 id. 152. A general exception to the charge raises no question. Heath v.…

1Opinion of the CourtTayloe, J.

The respondent brought an action against the appellants to recover the value of a quantity of barb wire sold by the respondent to the appellants. The sale and delivery of the wire are admitted by the appellants; also the price agreed upon. The appellants then set up, by way of counterclaim, that upon such sale the respondent warranted said wire so sold to them to be the best quality of steel wire and as good as any in the market, and then alleged various breaches of said warranty, and claimed damages in the sum of $350.'

On the trial, in order to establish their counterclaim, the appellants…

2Cases cited8 opinions

  1. Boothby v. ScalesWisconsin Supreme Court · 1871
  2. Fisk v. TankWisconsin Supreme Court · 1860
  3. Locke v. WilliamsonWisconsin Supreme Court · 1876
  4. Morehouse v. ComstockWisconsin Supreme Court · 1877
  5. Standard Paper Co. v. GuentherWisconsin Supreme Court · 1886

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3Cited by8 opinions

  1. Northern Supply Co. v. WangardWisconsin Supreme Court · 1903
  2. Larson v. Aultman & Taylor Co.Wisconsin Supreme Court · 1893
  3. Tacoma Coal Co. v. BradleyWashington Supreme Court · 1891
  4. Los Angeles Olive Growers Ass'n v. Pacific Grocery Co.Washington Supreme Court · 1922
  5. Hurley-Mason Co. v. Stebbins, Walker & SpinningWashington Supreme Court · 1914

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