Hawkison v. Harmon
Wisconsin Supreme Court
APPEAL from the County Court of Winnebago County. This action was brought in justice’s court, to recover the purchase price of a quantity of trees alleged to have been sold by the plaintiff to the defendant. The plaintiff recovered before the justice, and the defendant appealed to the county court. A trial in the latter court resulted in a judgment of nonsuit, from which the plaintiff appeals to this court.
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APPEAL from the County Court of Winnebago County. This action was brought in justice’s court, to recover the purchase price of a quantity of trees alleged to have been sold by the plaintiff to the defendant. The plaintiff recovered before the justice, and the defendant appealed to the county court. A trial in the latter court resulted in a judgment of nonsuit, from which the plaintiff appeals to this court. The material facts as disclosed by the testimony given on the trial in the county court, are as follows: The plaintiff is a nursery-man in the vicinity of Minneapolis, Minnesota; the…
1Opinion of the CourtLyon, J.
Counsel for the defendant maintain that the testimony fails to show any contract for the sale and pur*554chase of the trees; and if that proposition is not sustained, and it be held that a contract in form was so made, that such contract is void, under the statute of frauds.
1. Did the parties enter into such contract There is some apparent ground for the. argument that the letter of April 29, 1885, was a letter of inquiry, to ascertain whether the trees could be procured of the plaintiff, rather than an absolute order for them. But the two letters, of April 29th and May 8th, must be read…
2Cited by3 opinions
- Reeves & Co. v. BrueningNorth Dakota Supreme Court · 1904
- Sherley v. PeehlWisconsin Supreme Court · 1893
- Jones v. WattlesNebraska Supreme Court · 1902