Fountain City Drill Co. v. Peterson
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Barron county: A. J. ViNJE, Circuit Judge. Action to recover purchase price of certain farm machines alleged to have been sold and delivered by plaintiff to defendants. Defense, general denial.
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Appeal from a judgment of tbe circuit court for Barron county: A. J. ViNJE, Circuit Judge. Action to recover purchase price of certain farm machines alleged to have been sold and delivered by plaintiff to defendants. Defense, general denial. The facts were stipulated and found as follows: Plaintiff, a manufacturer and wholesaler, on February 9, 1903, received a written order from A. 0. Peterson and Charles Peterson for the goods specified, to be shipped on or about March 1st to the defendants at Ohetek, Wisconsin, defendants agreeing to pay therefor on November 1, 1903, and to pay all…
1Opinion of the CourtDodge, J.
One who performs an executory contract for sale of chattels by delivering the same at the place and in the manner specified in the contract is entitled to recover the stipulated price, certainly unless the contract had been unambiguously repudiated by the purchaser before such delivery. Ganson v. Madigan, 13 Wis. 67; Chapman v. Ingram, 30 Wis. 290; Boyington v. Sweeney, 77 Wis. 55, 69, 45 N. W. 938. In this case plaintiff’s contract was to “ship” the goods, and at the time specified it did ship them, addressed to defendants at Chetek. Thus the contract became fully performed by plaintiff,…
2Cases cited6 opinions
- Gibbons v. BenteSupreme Court of Minnesota · 1892
- Woodman v. Blue Grass Land Co.Wisconsin Supreme Court · 1905
- Boyington v. SweeneyWisconsin Supreme Court · 1890
- Ganson v. MadiganWisconsin Supreme Court · 1860
- Merrick v. Northwestern National Life InsuranceWisconsin Supreme Court · 1905
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Clayton v. Fletcher Savings & Trust Co.Indiana Court of Appeals · 1927
- Badger State Lumber Co. v. G. W. Jones Lumber Co.Wisconsin Supreme Court · 1909
- Edward T. Kelly Co. v. von ZakobielWisconsin Supreme Court · 1919
- Richards v. Manitowoc & Northern Traction Co.Wisconsin Supreme Court · 1909
- Engeldinger v. StevensWisconsin Supreme Court · 1907
1 more not listed; retrieve them via the Exa API.