National Knitting Co. v. Bouton & Germain Co.
Wisconsin Supreme Court
Appeal from a judgment of the municipal court of the ■city and town of Eipon: J. J. Eoote, Judg'e. ' The plaintiff corporation is a manufacturer and dealer in knitted goods at Milwaukee, and the defendant corporation is a jobber in the same line of goods at Ripon.
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Appeal from a judgment of the municipal court of the ■city and town of Eipon: J. J. Eoote, Judg'e. ' The plaintiff corporation is a manufacturer and dealer in knitted goods at Milwaukee, and the defendant corporation is a jobber in the same line of goods at Ripon. In November, 190.5,- the defendant ordered of’ the plainti.fi, in writing, a -quantity of gloves of different kinds at fixed prices, aggregating $322.86, delivery to be made in the following May, bill to be dated as of November 1, 1906, payable in thirty days. The order was accepted, and in April the plaintiff delivered the greater…
1Opinion of the CourtWiuslow, C. J.
We think that the business world would' be astonished to learn that whenever an order for a bill of merchandise is accepted the contract thus made is entire, and requires delivery of every article before there can be recovery of any part of the purchase price. Such would be the practical effect of the defendant’s contention here, if it should be upheld. We cannot so hold. The question of entirety is a question of intention; severability of the subject matter and measurement of consideration by units may assist in determining, but do not of themselves necessarily determine, the-question.
In…
2Cases cited5 opinions
- Goodwin v. MerrillWisconsin Supreme Court · 1861
- Warehouse & Builders Supply Co. v. GalvinWisconsin Supreme Court · 1897
- Widman v. GayWisconsin Supreme Court · 1899
- Boutin v. LindsleyWisconsin Supreme Court · 1893
- Prautsch v. RasmussenWisconsin Supreme Court · 1907
3Cited by2 opinions
- New Richmond Roller Mills Co. v. ArnquistWisconsin Supreme Court · 1919
- German American Bank v. Webster Manufacturing Co.Wisconsin Supreme Court · 1911