Troy Carriage Co. v. Bonell
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Eau-Claire county: James O’Neill, Circuit Judge. Action to recover a balance of $199.50 alleged to be due plaintiff from defendants on a sale to the latter of two-carriages. -The answer admitted a purchase from plaintiff and acceptance by the defendants of one carriage, and that there was due thereon $57. It was alleged that another carriage, ordered by defendants of plaintiff, was taken by the former and stored subject to…
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Appeal from a judgment of the circuit court for Eau-Claire county: James O’Neill, Circuit Judge. Action to recover a balance of $199.50 alleged to be due plaintiff from defendants on a sale to the latter of two-carriages. -The answer admitted a purchase from plaintiff and acceptance by the defendants of one carriage, and that there was due thereon $57. It was alleged that another carriage, ordered by defendants of plaintiff, was taken by the former and stored subject to plaintiff’s order, the same not being according to contract; that plaintiff, while the situation indicated existed,…
1Opinion of the CourtMarshall, J.
The action was on contract. The amount involved, exclusive of costs, as the cause is presented in this court, is $85. Appellant claims that the court erred in holding that the contract to sell and deliver to defendants three carriages was entire. Whether that be right or not rules the question of whether plaintiff is entitled to recover for the one carriage which was delivered to defendants. There is no other controversy on this appeal.
An appeal involving less than $100 exclusive of costs, in such an action as this, is not allowed by statute, except on a *426certificate submitting to this court,…
2Cases cited1 opinion
- Henk v. BaumannWisconsin Supreme Court · 1898