Gray v. Herman
Wisconsin Supreme Court
APPEAL from the Circuit Court for Milwaukee County. The complaint states three causes of action: (1) Eor a Gurney Crusher Brick Machine sold to the defendant on April 15, 1886, for $525, and on his order delivered to one T. C. Gurney; (2) for another similar machine sold to the defendant on June 8, 1886, for $525, and delivered to Gurney on defendant’s order; (3) for extra pieces and parts furnished, and repairs made on the machine first mentioned, for and at the request of…
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APPEAL from the Circuit Court for Milwaukee County. The complaint states three causes of action: (1) Eor a Gurney Crusher Brick Machine sold to the defendant on April 15, 1886, for $525, and on his order delivered to one T. C. Gurney; (2) for another similar machine sold to the defendant on June 8, 1886, for $525, and delivered to Gurney on defendant’s order; (3) for extra pieces and parts furnished, and repairs made on the machine first mentioned, for and at the request of the defendant, and upon the order of said Gurney, amounting to $104.39. The defense was, first, a general denial;…
1Opinion of the CourtCole, C. J.
We fail to perceive any sufficient ground or reason for excluding the evidence offered to show payment for the machines and repairs by Gurney. The answer alleged that the account of Davelaar was assigned to and accepted by the plaintiffs in full discharge and satisfaction of the debt, and for the machine mentioned in the first cause of action, and for the repairs mentioned in the third. And the defendant attempted to prove by Gurney that all the claims in suit had been paid, but the evidence was excluded, As we have observed, we perceive no valid reason, upon the facts, of the case, for…
2Cases cited7 opinions
- Kromer v. . HeimNew York Court of Appeals · 1879
- Ellis v. EssonWisconsin Supreme Court · 1880
- Atlantic Dock Co. v. . Mayor, Etc., N.Y. CityNew York Court of Appeals · 1873
- Russell v. LytleNew York Supreme Court · 1831
- Weisel v. SpenceWisconsin Supreme Court · 1884
2 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Lowe v. TurpieIndiana Supreme Court · 1896
- Crumlish's Adm'r v. Cent. Imp. Co.West Virginia Supreme Court · 1893
- Hooyman v. ReeveWisconsin Supreme Court · 1919
- Dupuis v. Interior Construction & Improvement Co.Michigan Supreme Court · 1891
- Porter v. Chicago, Iowa & Dakota Railway Co.Supreme Court of Iowa · 1896
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