Baker v. Henderson
Wisconsin Supreme Court
APPEAL from the Circuit Court for Bodge County. Action to recover the unpaid balance of the purchase price of a large quantity of frnit trees, sold by the plaintiff from his nursery in Ohio, to the defendants, in 1864. The plaintiff put in evidence the following: “Toledo, Ohio, October 25, 1864. Received of George Balcer a bill of trees of this date, amounting to $862.27, on which we have paid thirty dollars, and agree to pay the balance as soon as the trees are delivered,…
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APPEAL from the Circuit Court for Bodge County. Action to recover the unpaid balance of the purchase price of a large quantity of frnit trees, sold by the plaintiff from his nursery in Ohio, to the defendants, in 1864. The plaintiff put in evidence the following: “Toledo, Ohio, October 25, 1864. Received of George Balcer a bill of trees of this date, amounting to $862.27, on which we have paid thirty dollars, and agree to pay the balance as soon as the trees are delivered, by sending the money by express. [Signed by the defendants.]” It appears from the answer and evidence, that said trees…
1Opinion of the CourtDixon, C. J.
The only questions presented on this appeal are as to the alleged warranty of the plaintiff, that the trees had suffered no harm, or were taking no harm, by reason of the exposure of their roots after they were taken from the ground, and before they were packed and delivered- by the plaintiff to the defendants for transportation; and as to the damages claimed by the defendants because of the delay of the plaintiff in packing and delivering the trees after the defendants had bargained for them.
The only evidence of the alleged warranty was the testimony of the defendant Henderson. Both he and…
2Cited by1 opinion
- Minneapolis Threshing Machine Co. v. HutchinsSupreme Court of Minnesota · 1896