Buck v. Racine Boat Co.

The vital question in this case is whether _ or not the evidence is sufficient to sustain the answer to question No. 3 of the special verdict, by which the jury found that the plaintiff accepted the boat delivered to him by the defendant. Ordinarily the question of acceptance is a question of fact to be determined by the jury; but where, as here, there is no conflict in the evidence, the question of whether or not the acts of the plaintiff constituted an acceptance is a question of law. Williston, Sales, § 451 and cases cited; Knobel v. J. Bartel Co. 176 Wis. 393, 187 N.W. 188.

The section of…