Washburn-Crosby Co. v. Kubiak
Wisconsin Supreme Court
Appeal from a judgment of the municipal court of Brown county: N. J. Monahan, Judge. The plaintiff is a Minnesota corporation alleged to be engaged in the sale of flour, feed, and grain, the defendant a merchant in Anston, Wisconsin. On September- 8, 1920, plaintiff’s agent, Stone, obtained a written order from defendant for a carload lot of flour, feed, and 200 bushels of corn. Defendant’s testimony is uncon-tradicted that the corn was a substantial part of the contract.
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Appeal from a judgment of the municipal court of Brown county: N. J. Monahan, Judge. The plaintiff is a Minnesota corporation alleged to be engaged in the sale of flour, feed, and grain, the defendant a merchant in Anston, Wisconsin. On September- 8, 1920, plaintiff’s agent, Stone, obtained a written order from defendant for a carload lot of flour, feed, and 200 bushels of corn. Defendant’s testimony is uncon-tradicted that the corn was a substantial part of the contract. A price was fixed for the flour, but the feed and corn were to be at the market price prevailing at time of shipment, all…
1Opinion of the CourtEschweiler, J.
Assuming, but only for the purpose of the present disposition of this case, that the letter of December 4th quoted above indicated such a refusal by defendant to carry out the contract that it might be treated by the plajntiff as an anticipatory breach thereof, yet there is nevertheless' lacking an essential element which must exist before plaintiff could be entitled to recover damages upon such theory, it being the one upon which judgment was rendered in the court below. The fact alone that one party to such a .contract indicates his intention of not carrying out his part thereof prior to…
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- Roehm v. HorstSupreme Court of the United States · 1900
- Central Trust Co. of Ill. v. Chicago Auditorium Assn.Supreme Court of the United States · 1916
- Woodman v. Blue Grass Land Co.Wisconsin Supreme Court · 1905
- Indiana Life Endowment Co. v. CarnithanIndiana Court of Appeals · 1915
- Newell v. New Holstein Canning Co.Wisconsin Supreme Court · 1903
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- Young v. GrosnickWisconsin Supreme Court · 1949
- Sloss-Sheffield Steel & Iron Co. v. Wisconsin Foundry & Machine Co.Wisconsin Supreme Court · 1925
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