Forster, Waterbury Co. v. F. MacKinnon Manufacturing Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Wood county: Ohas. M. Webb, Circuit Judge. Action to recover on a sale contract between plaintiff as-seller and the defendant as purchaser, the terms of which were as follows: “To.The F. MacKinnon Mfg. Go.: “Quantity... .40 tons malleable castings. Patterns to be furnished by buyer. Castings to be good and suitable quality for hub • bands. Buyer to have the privilege of returning any imperfect castings.
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Appeal from a judgment of the circuit court for Wood county: Ohas. M. Webb, Circuit Judge. Action to recover on a sale contract between plaintiff as-seller and the defendant as purchaser, the terms of which were as follows: “To.The F. MacKinnon Mfg. Go.: “Quantity... .40 tons malleable castings. Patterns to be furnished by buyer. Castings to be good and suitable quality for hub • bands. Buyer to have the privilege of returning any imperfect castings. “Price.5Jc per pound in carload lots on cars, Cen-tralia, Wisconsin. “Terms..-Freight cash, to be paid by buyer, balance cash thirty days from…
1Opinion of the CourtMarshall, J.
Appellant makes the following claims: (1) The court should not have allowed respondent the $98.86 for 1,883 pounds of castings shipped August 6, 1900. (2) There should have been allowed appellant an additional credit on its counterclaim of $255.38 for extra cost of putting in tie plates, occasioned by defective dove-tailed slots and brittleness of malleables. (3) An additional amount of $411.38 should have been allowed on the counterclaim for defective quality of the unused castings on account of their not being properly annealed and not manufactured so as to avoid the defects called…
2Cases cited10 opinions
- J. I. Case Plow Works v. Niles & Scott Co.Wisconsin Supreme Court · 1895
- Shepard v. Milwaukee Gas Light Co.Wisconsin Supreme Court · 1862
- Locke v. WilliamsonWisconsin Supreme Court · 1876
- Treat v. HilesWisconsin Supreme Court · 1892
- Kelley, Maus & Co. v. La Crosse Carriage Co.Wisconsin Supreme Court · 1903
5 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Buxbaum v. G. H. P. Cigar Co.Wisconsin Supreme Court · 1925
- Huebner v. HuebnerWisconsin Supreme Court · 1916
- Stumm v. Western Union Telegraph Co.Wisconsin Supreme Court · 1909
- Lieberthal v. Glens Falls Indemnity Co.Court of Appeals for the Seventh Circuit · 1949
- Oscar Smith & Sons Co. v. Janesville Batting MillsWisconsin Supreme Court · 1912
1 more not listed; retrieve them via the Exa API.