Foster v. Holbrook-Armstrong Iron Co.
Wisconsin Supreme Court
Appeal from an order of the circuit court for Racine county: E. B. Beldeh, Circuit Judge. Plaintiffs’ complaint alleged in substance that they were-copartners in the mechanical engineering business with offices in.Racine, Wisconsin, and Chicago, Illinois; that the defendant was a domestic corporation engaged at Racine in a foundry and general manufacturing business, and that in or about the month of April, 1910, they entered into an oral agreement with the defendant which in…
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Appeal from an order of the circuit court for Racine county: E. B. Beldeh, Circuit Judge. Plaintiffs’ complaint alleged in substance that they were-copartners in the mechanical engineering business with offices in.Racine, Wisconsin, and Chicago, Illinois; that the defendant was a domestic corporation engaged at Racine in a foundry and general manufacturing business, and that in or about the month of April, 1910, they entered into an oral agreement with the defendant which in June of the same-year was reduced to writing in the form of an offer and acceptance and was as follows: “In…
1Opinion of the CourtViNje, J.
The argument on behalf of the defendant in support of the demurrer is in substance that the contract is an entire one calling for services yet unperformed and that by its terms the commission was not earned until the motors were manufactured and paid for; that it was through no fault of the defendant that the Velie Motor Vehicle Company breached its contract, and therefore it is not responsible for the condition that rendered performance impossible. The fact that defendant afterwards settled with the Velie Company, it is claimed, can in no way affect plaintiffs’ right to recover in this…
2Cases cited3 opinions
- Cobb v. . HarmonNew York Court of Appeals · 1861
- Etten v. NewtonNew York Court of Common Pleas · 1890
- Ketchum v. ZeilsdorffWisconsin Supreme Court · 1870
3Cited by3 opinions
- In the Matter of Excalibur Automobile Corporation. Excalibur Automobile Corporation, Debtor-Appellant v. Roosevelt v. RobinsonCourt of Appeals for the Seventh Circuit · 1988
- Avery v. HowellSupreme Court of Kansas · 1918
- Gage Corp. v. Tamareed Co.Court of Appeals of Wisconsin · 2018