this is purely my opinion and not to be taken as fact or gospel. i like the looks of the winchester M94, but i believe the action to be stronger and smoother in the marlin. the winchesters might be a little more pricey than a used marlin as they stopped making the M94 about 2008 or 2009, but they still amke the marlin. cottontop is right though, check the bore and check for smoothness and tightness in the action. don't let outwards appearance fool you, because many of these rifles ended up behind the seat of trucks and got scuffed and scratched up, but the rifles as far as working might be perfect. just something to consider.