Kahn v. Melaney
| Decision Date | 08 March 1921 |
| Citation | 181 N.W. 737,174 Wis. 95 |
| Parties | KAHN v. MELANEY. |
| Court | Wisconsin Supreme Court |
OPINION TEXT STARTS HERE
Appeal from Superior Court, Dane County; A. C. Hoppman, Judge.
Action by M. N. Kahn against Sally Melaney 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. Affirmed by a divided court.R. F. Duckert, of Madison, for appellant.
Elmore T. Elver, of Madison, for respondent.
The 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. In re Appl. Gruhl Sash & Door Co. v. C., M. & St. P. Ry. Co., decided at this term, 180 N. W. 845.
Judgment affirmed.
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Smith v. Kleynerman
...appeal).17. South Side Malleable Co. v. Four Wheel Drive Auto Co. , 174 Wis. 93, 181 N.W. 749 (1921) (on appeal).18. Kahn v. Melaney , 174 Wis. 95, 181 N.W. 737 (1921) (on appeal).19. Kroner v. Order of United Commercial Travelers of Am. , 176 Wis. 151, 184 N.W. 1037 (1921) (on appeal).20. ......
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