J. I. Case Threshing Machine Co. v. Johnson
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Wau-kesha county: MaktiN L. LubcK, Circuit Judge. Action on two promissory notes given by defendant for a corn huslcer and shredder manufactured by the plaintiff under an order containing a warranty as to quality and efficacy, but conditioned that, in case of failure to comply with the warranty, the plaintiff should have opportunity to supply any defective parts and to malee all reasonable efforts to remedy the difficulty, the…
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Appeal from a judgment of tbe circuit court for Wau-kesha county: MaktiN L. LubcK, Circuit Judge. Action on two promissory notes given by defendant for a corn huslcer and shredder manufactured by the plaintiff under an order containing a warranty as to quality and efficacy, but conditioned that, in case of failure to comply with the warranty, the plaintiff should have opportunity to supply any defective parts and to malee all reasonable efforts to remedy the difficulty, the buyer to render necessary and friendly assistance, and, if then it cannot be made to fill the warranty, the part that…
1Opinion of the CourtDodge, J.
The appellant contends against the judgment that defendant’s right to rely upon breach of warranty was by the express terms of the contract dependent upon return of the machine to the place where received, which confessedly never took place. But it is found and established without *537dispute that the defendant, when finally convinced of the defective character of the machine, notified plaintiff of that fact and asked its pleasure as to the time of returning it, implying his readiness to make such return according to the terms of the contract. To this the company, through its general agent,…
2Cases cited6 opinions
- Vogel v. StateWisconsin Supreme Court · 1909
- Fox v. WilkinsonWisconsin Supreme Court · 1907
- Wuerfler v. Trustees of the Grand Grove of Wisconsin of the Order of DruidsWisconsin Supreme Court · 1902
- Langnecker v. Trustees of the Grand Lodge Ancient Order of United WorkmenWisconsin Supreme Court · 1901
- Guetzkow v. Michigan Mutual Life InsuranceWisconsin Supreme Court · 1900
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Axford v. GainesNorth Dakota Supreme Court · 1923
- Jones v. BrandtWisconsin Supreme Court · 1921
- Kelsey v. J. W. Ringrose Net Co.Wisconsin Supreme Court · 1913
- Baumann v. Metropolitan Life Insurance Co.Wisconsin Supreme Court · 1910
- Fenley v. CrawfordCourt of Appeals of Texas · 1922
1 more not listed; retrieve them via the Exa API.