Vates v. Cornelius
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Clark County. The facts are stated in the opinion. For the appellant it was argued, among other things, that the plaintiff should not have been permitted to state that lie would not have bought the horse without a warranty. The jury should determine what the contract was from the acts and declarations of the parties alone. Rich v. Jakway, 18 Barb., 357; Flanders v. Cottrell, 36 Wis., 570; Crounse v. Fitch, 23 Plow.
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APPEAL from tbe Circuit Court for Clark County. The facts are stated in the opinion. For the appellant it was argued, among other things, that the plaintiff should not have been permitted to state that lie would not have bought the horse without a warranty. The jury should determine what the contract was from the acts and declarations of the parties alone. Rich v. Jakway, 18 Barb., 357; Flanders v. Cottrell, 36 Wis., 570; Crounse v. Fitch, 23 Plow. Pr., 350; Shaw v. Stine, 8 Bosw., 157; People v. Saxton, 23 N. Y., 309; Boyd v. First Nat. Bank, 25 Iowa, 255. Wilson v. Noo-nan, 35 Wis., 321;…
1Opinion of the CourtLyoN, J.
The parties traded horses. The defendant made a certain warranty (hereinafter more particularly stated) in respect to the soundness of his horse. This action was brought before a justice of the peace to recover damages for an alleged breach of such warranty. The plaintiff recovered, and the defendant appealed to the circuit court. The cause was tried in that court with the same Result, and the defendant has appealed to this court from the judgment against him therein.
The complaint alleges that the defendant warranted the horse to be sound in all respects, except that he had corns in his right…
2Cited by4 opinions
- Smith v. Atco Co.Wisconsin Supreme Court · 1959
- Larson v. Aultman & Taylor Co.Wisconsin Supreme Court · 1893
- Peterson v. GreenwayWisconsin Supreme Court · 1964
- Peterson v. GreenwayWisconsin Supreme Court · 1964