Smith v. Stoller
Wisconsin Supreme Court
APPEAL from the Circuit Court for Rock County. Action for the • value of a chest of tea alleged to have been sold and delivered to the defendant. The defendant appealed from a judgment in favor of the plaintiffs. The nature of the defense, and the exceptions taken, will sufficiently appear from the opinion. cited Shindler v. Houston, 1 N. Y. 261, and authorities there cited. cited Chitty on Con.
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APPEAL from the Circuit Court for Rock County. Action for the • value of a chest of tea alleged to have been sold and delivered to the defendant. The defendant appealed from a judgment in favor of the plaintiffs. The nature of the defense, and the exceptions taken, will sufficiently appear from the opinion. cited Shindler v. Houston, 1 N. Y. 261, and authorities there cited. cited Chitty on Con. (9th Am. ed.) 352; Curtis v. Pugh, 10 Q. B. Ill, 114; Boulter v. Arnott, 1 C. & M. 333; 3 Parsons on Con. (5th ed.) 45-47, citing Morton v. Tibbett, 15 Q. B. 428; Ganson v. Madigan, 13 Wis. 72; Woodle…
1Opinion of the CourtCole, J.
The questions of fact in this case seem to have been fairly submitted to the jury under proper instructions. The only contested point is, whether there was such an acceptance and receipt of the tea by the defendant as to satisfy the statute of frauds and render him liable for the contract price. The price of the tea was more than fifty dollars, and there was no note or memorandum of the contract in writing. The sale of the tea was by sample, and one question upon the trial, and the only one we have to consider here, is, whether the sale was valid under the statute. The question in regard to…
2Cited by8 opinions
- Becker v. HolmWisconsin Supreme Court · 1894
- Bacon v. EcclesWisconsin Supreme Court · 1877
- Kerkhof v. Atlas Paper Co.Wisconsin Supreme Court · 1887
- Meyer, Wilson & Co. v. Thompson, De Hart & Co.Oregon Supreme Court · 1888
- Bicknell v. Owyhee Sheep & Land Co.Idaho Supreme Court · 1918
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