86 Wis. 176 | Wis. | 1893
This is an action of trover for the conversion of a horse in April, 1881.
The testimony of the defendant and his witnesses tends to prove the following facts: The plaintiff, on the last Sunday in June, 1882, sold the horse to the defendant for the sum of $125, payable on demand, and delivered the possession of the same to the defendant at thé same time. The defendant retained the possession of the horse for several months, when it escaped or wa,s stolen from his barn, and after much search and inquiry it was found in the possession of the plaintiff, and the defendant regained the possession of the horse by a writ of replevin. The defendant ■offered and tendered to the plaintiff the price agreed upon, which was refused. The defendant sold the horse to a stranger, and it was taken to parts unknown to him.
The testimony of the plaintiff and his witnesses tends to prove the following facts: On and before the said last Sunday in June, 1882, the horse was and had been kept in the pasture of the defendant, and the defendant spoke of buy
The jury found that the plaintiff sold and delivered the horse to the defendant on the last' Sunday in June, 1882, and that it was of the value of $150. The court also made the same finding, and also that at the time of the sale and delivery it was agreed that the defendant should pay to the plaintiff the sum of $125 for said horse, and that said purchase price has not been paid, and that there was no agreement entered into between the parties respecting the property subsequent to said sale; and, as a conclusion of law, that the contract was made in violation of law, and that the defendant was the owner and entitled to -the possession of the property; and judgment was entered, dismissing the complaint with costs.
Most of the errors assigned are on the admission or rejection of testimony, and the remarks of the court in connection therewith. The exceptions, as well as the questions and answers, are very much confused, and it is very difficult to understand what they mean.
By the Court.— The judgment of the circuit court is affirmed.