Bayley Manufacturing Co. v. Bowers
Bayley Manufacturing Co. v. Bowers
Opinion of the Court
The following opinion was filed June 6, 1922:
It is conceded that at no time prior to the delivery of the fan was appellant’s attention called to the fact that it was to be used in connection with the operation
It being conceded that the fan had a maximum capacity of at least 20,000 cubic feet of gases per minute, it complied with the warranty and there is no basis for respondents’ counterclaim. It is true that appellant attempted to remedy the fan so as to develop the required capacity, which attempt was also a failure. Its efforts in this behalf, however, were gratuitous and can form no basis for liability. The liability,
Appellant also complains because the trial court did not allow interest on the book account from the date of the last entry. The brief contains a statement that it is fundamental that a book account draws interest from the date of the last entry. Such is not our understanding of the law. A book account draws interest only from the date of demand of payment, and in this case there was no proof of a demand prior to the commencement of the action. Interest, therefore, can be allowed only from that time. Marsh v. Fraser, 37 Wis. 149.
By the Court. — Judgment reversed, and cause remanded with instructions to dismiss the counterclaim and render judgment in favor of the plaintiff for the amount of the book account with interest thereon from the date of the commencement of the action.
A motion for a rehearing was denied, with $25 costs, on October 10, 1922.
Reference
- Full Case Name
- Bayley Manufacturing Company v. Bowers and another
- Cited By
- 2 cases
- Status
- Published