Kahn v. Malaney

Decided May 3, 1921

Wisconsin Supreme Court · decided 1921-05-03

Hoppmann, -Judge. Action to recover the balance claimed to be due upon the purchase price of one fur coat sold by plaintiff to defendant. The defense was that the coat delivered was not such a coat as had been contracted for.. Trial before the court and jury resulted in judgment for the defendant dismissing the complaint. From this judgment plaintiff appeals.

Cited by 1 later decisions — most recently March 2017

1 state decisions

Relies on Application of Gruhl Sash & Door Co.

Good law ✅— No negative treatment on recordhow we know

Affirmed · Decided 1921-05-03

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¶1The following opinion was filed March 8, 1921:

Jones, J.

¶2The court is equally divided in opinion upon the question involved on this appeal. Mr. Justice Vinje, Mr. Justice Rosenberry, and Mr. Justice Eschweiler are of the opinion that the judgment appealed from should be reversed. Mr. Chief Justice Siebecker, Mr. Justice Owen, and the writer are of the opinion that the judgment should be affirmed. Under the established rule it follows that the judgment appealed from must be affirmed. Application of Gruhl Sash & Door Co. 173 Wis. 215, 180 N. W. 845.

¶3By the Court. — Judgment affirmed.

¶4A motion for a rehearing was denied, without costs, on May 3, 1921.