Jacobi v. Rubicon Malting & Grain Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Dodge county: Martin L. Lueck, Circuit Judge. Action for damages caused by the failure of the defendant, which had agreed to sell plaintiffs’ barley consisting of about 812 bushels, to follow instructions given it as to the sale thereof.
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Appeal from a judgment of the circuit court for Dodge county: Martin L. Lueck, Circuit Judge. Action for damages caused by the failure of the defendant, which had agreed to sell plaintiffs’ barley consisting of about 812 bushels, to follow instructions given it as to the sale thereof. The cause was submitted to the jury upon a special verdict containing ten questions, only three of which were material to the issues, namely: (1) Did the plaintiffs give directions on April 17, 1918, to ship their barley? (2) After receiving such instructions, how soon, in the exercise of reasonable diligence,…
1Opinion of the Court
The following opinion was filed April 5, 1921:
Vinje, J.
The defendant argues the question of plaintiffs’ contributory negligence at great length. It has no place in the case, and the court properly set aside the answer of the jury finding plaintiffs guilty of contributory negligence, both on the ground' that there was no evidence, as he found, to sustain it, and on the ground that it was not .an issue in the case. If plaintiffs gave defendant directions to sell the barley it became its duty to exercise reasonable diligence to execute such directions. If no directions were given, that would…
2Cases cited6 opinions
- Laycock v. ParkerWisconsin Supreme Court · 1899
- State v. McFetridgeWisconsin Supreme Court · 1893
- Small v. ChampenyWisconsin Supreme Court · 1899
- Travelers' Insurance Co. v. FrickeWisconsin Supreme Court · 1898
- State v. City of MilwaukeeWisconsin Supreme Court · 1914
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Yahr & Lange Drug Co. v. DraperWisconsin Supreme Court · 1925