Wisconsin Reports Volume 156

Wisconsin Reports Volume 156

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1914 edition. Excerpt: ...and if not the sale to be off and the note to be returned; that the machine wholly failed to come up to the guaranty made by defendants and on the faith of which it was purchased, whereupon plaintiff tendered it back and demanded a return of his note, which was refused; that the note, instead of being held subject to a test of the machine as agreed, was put in circulation whereby it, for a valuable consideration in due course, came to the ownership of a party to whom plaintiff was compelled to pay it, to his damage in the amount so paid. The claim of defendants was that they, as agents for the Monona Motor Car Company and in no other capacity, sold the car to plaintiff; that the entire sale contract was embodied in a written agreement between their principal and plaintiff and contained no such guaranty as that claimed by him, and none other than as agents, and that the machine was in all respects according to the calls of such contract. The return of the machine and negotiation and payment of the note were admitted. Upon the trial the cause was opened to the jury on plainti1f's part upon the theory that the issue to be tried was whether defendants, for themselves, made an agreement in respect to the character of the machine as claimed in the complaint, and on defendants' part, upon the theory that they did not make any such contract nor any other except as agents, nor other than the one embodied in the writing. Evidence was produced to support the two theories, court and jury understanding that the wrong which plaintifl complained of was a breach of a contract made by defendants in their own behalf to induce plaintiff to make the writ Cooper V. Huerth, 156 Wis. 346. ten contract. There was evidence to the effect that, in the...
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Product details

  • Paperback | 206 pages
  • 189 x 246 x 11mm | 376g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236877225
  • 9781236877222