Moulton v. Kershaw
Wisconsin Supreme Court
APPEAL from the Circuit Court for Milwaukee County. The case is thus stated by Mr. Justice TayloR: “ The complaint alleges that the defendants were dealers in salt in the city of Milwaukee, including salt of the Michigan Salt Association; that the plaintiff was a dealer in salt in the city of La Orosse, and accustomed to buy salt in large quantities, which fact was known to the defendants; that on the 19th day of September, 1882, the defendants, at Milwaukee, wrote and…
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APPEAL from the Circuit Court for Milwaukee County. The case is thus stated by Mr. Justice TayloR: “ The complaint alleges that the defendants were dealers in salt in the city of Milwaukee, including salt of the Michigan Salt Association; that the plaintiff was a dealer in salt in the city of La Orosse, and accustomed to buy salt in large quantities, which fact was known to the defendants; that on the 19th day of September, 1882, the defendants, at Milwaukee, wrote and posted to the plaintiff at La Orosse a letter, of which the following is a copy: “‘Milwaukee, September 19, 1882. “ ‘ -A JB.…
1Opinion of the CourtTayloR, J.
The only question presented is whether the appellants’ letter, and the telegram sent by the respondent in reply thereto, constitute a contract for the sale of 2,000 barrels of Michigan fine salt by the appellants to the respondent at the price named in such letter.
We are very clear that no contract was perfected'by the order telegraphed by the respondent in answer to appellants’ letter. The learned counsel for the respondent clearly appreciated the necessity of putting a construction upon the letter which is not apparent on its face, and in their complaint have interpreted the letter to mean…
2Cases cited2 opinions
- Beaupré v. Pacific & Atlantic Telegraph Co.Supreme Court of Minnesota · 1874
- Keller v. YbarruCalifornia Supreme Court · 1853
3Cited by29 opinions
- Brighton Packing Co. v. Butchers' Slaughtering & Melting Ass'nMassachusetts Supreme Judicial Court · 1912
- Upsal Street Realty Co. v. RubinSupreme Court of Pennsylvania · 1936
- Graham v. Henderson Elevator Co.Indiana Court of Appeals · 1916
- Montgomery Ward & Co. v. JohnsonMassachusetts Supreme Judicial Court · 1911
- Salisbury v. Credit Service, Inc.Superior Court of Delaware · 1937
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