Smith v. Lingelbach

The case is argued here upon both sides as if the rights of the parties were to be determined pursuant to the provisions of the Uniform Sales Act, and special reference is made to secs. 1684f — 19, 16841 — 42, 1684t — 63, and 1684f — 64, Stats.

After the trial and before the case was presented here the defendant died and the action was revived against F. J. Lin-gelbach, the administrator of his estate. The contention of the defendant is that the action is one for damages; that no damages were proven, and that the plaintiff cannot maintain an action for the purchase price, but that a recovery,…