Garton Toy Co. v. Buswell Lumber & Manufacturing Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Sheboy-gan county: Michael KiRwan, Circuit Judge. The plaintiff is engaged in the business of manufacturing croquet balls, toys, and novelties at Sheboygan, Wisconsin. The defendant is engaged in the manufacture of lumber. On or about January 5, 190J, the president of the defendant corporation called upon the plaintiff at its office in Sheboygan and solicited an order for the purchase of some lumber.
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Appeal from a judgment of the circuit court for Sheboy-gan county: Michael KiRwan, Circuit Judge. The plaintiff is engaged in the business of manufacturing croquet balls, toys, and novelties at Sheboygan, Wisconsin. The defendant is engaged in the manufacture of lumber. On or about January 5, 190J, the president of the defendant corporation called upon the plaintiff at its office in Sheboygan and solicited an order for the purchase of some lumber. An agreement was reached, which was evidenced by the following memorandum signed in typewriting by the plaintiff, but not signed by the defendant:…
1Opinion of the Court
The following opinion was filed May 14, 1912:
BabNes, J.
The defendant contends that the order for the lumber was never subscribed by the plaintiff as required by sec. 2308, Stats. (1898), because it was signed in typewriting and hence was void under the statute of frauds. The question is not material because of reasons hereinafter stated, but if it were, the signature is sufficient to meet the calls of the statute. Mezchen v. More, 54 Wis. 214, 11 N. W. 534; Dreutzer v. Smith, 56 Wis. 292, 14 N. W. 465; Finlay v. Prescott, 104 Wis. 614, 618, 80 N. W. 530; subd. 19, sec. 4971, Stats. (1898) ;…
2Cases cited14 opinions
- Herrick v. MorrillSupreme Court of Minnesota · 1887
- Mezchen v. MoreWisconsin Supreme Court · 1882
- Cummings v. LandesSupreme Court of Iowa · 1908
- Dreutzer v. SmithWisconsin Supreme Court · 1882
- Davies v. De LairNebraska Supreme Court · 1947
9 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Irving v. Goodimate Co.Massachusetts Supreme Judicial Court · 1946
- Kocinski v. Home Insurance Co.Court of Appeals of Wisconsin · 1988
- Sheffield-King Milling Co. v. JacobsWisconsin Supreme Court · 1920
- Will of MuellerWisconsin Supreme Court · 1925
- Waite v. EASTON-WHITE CREEK LIONS, INC.Court of Appeals of Wisconsin · 2005
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