Berry v. Wadhams Oil Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Milwaukee county: LaweeNce W. Halsey, Circuit Judge. This was an action brought by vendor against vendee to recover damages for the breach of two contracts for the sale and delivery of gasoline. A verdict for the plaintiffs was directed, and the defendant appeals.
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Appeal from a judgment of the circuit court for Milwaukee county: LaweeNce W. Halsey, Circuit Judge. This was an action brought by vendor against vendee to recover damages for the breach of two contracts for the sale and delivery of gasoline. A verdict for the plaintiffs was directed, and the defendant appeals. It appeared without dispute that on January 23, 1911, the parties made two written contracts, one for the sale of 150,000 gallons of “14-degree gasoline at 11 cents per gallon, f. o. b. refinery . . . , said gasoline to he not less than 14-degree gravity and to he shipped in equal…
1Opinion of the CourtWinsnow, C. J.
In this case it is held:
1. The contracts of sale being in writing and not showing that the sales were made by sample, evidence that such was the fact is not admissible to affect the contracts in any way. Wiener v. Whipple, 53 Wis. 298, 10 N. W. 433.
2. This being an executory sale of goods at a distance, not open to the inspection of the vendee and there being no express warranty of quality, there was an implied warranty that the goods were merchantable in quality, and hence evidence that the gasoline tendered was unmerchantable on account of its obnoxious odor was admissible and should not…
2Cases cited6 opinions
- Woodman v. Blue Grass Land Co.Wisconsin Supreme Court · 1905
- Pratt v. S. Freeman & Sons Manufacturing Co.Wisconsin Supreme Court · 1902
- T. B. Scott Lumber Co. v. Hafner-Lothman Manufacturing Co.Wisconsin Supreme Court · 1895
- Wiener v. WhippleWisconsin Supreme Court · 1881
- Merriam v. FieldWisconsin Supreme Court · 1869
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Schuenemann v. John G. Wollaeger Co.Wisconsin Supreme Court · 1920
- Opinion No. Oag 24-85, (1985), Wisconsin Attorney General Reports1985