Ady v. Barnett
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Sauk county: E. Rat StbveNS, Circuit Judge. Two causes of action are stated in the complaint. When the case was called for trial plaintiff gave notice that he had entirely abandoned the second cause of action and would make no claim for recovery thereon.
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Appeal from a judgment of the circuit court for Sauk county: E. Rat StbveNS, Circuit Judge. Two causes of action are stated in the complaint. When the case was called for trial plaintiff gave notice that he had entirely abandoned the second cause of action and would make no claim for recovery thereon. The first cause of action was brought to recover the amount of an invoice of goods shipped by the National Medical Company, an Iowa corporation, to the defendant, and amounting to $36:15. The order was taken, by one Pike, a traveling salesman for tbe National Medical Company, and is as follows:…
1Opinion of the CourtBarnes, J.
There is no ambiguity about the order except that it fails to state the name of the party from whom the goods were ordered. The order was filled by the National Medical Company and an invoice of the goods corresponding therewith was mailed to defendant and he accepted the goods and placed them on his shelves for sale, so that the ambiguity referred to was removed by the parties themselves.
The order in question, coupled with the acceptance thereof, constituted a written contract. Schultz v. Coon, 51 Wis. 416, 8 N. W. 285; Wiener v. Whipple, 53 Wis. 298, 10 N. W. 433; McQuaid v. Ross, 77 Wis.…
2Cases cited14 opinions
- Green Bay & Mississippi Canal Co. v. HewittWisconsin Supreme Court · 1885
- Wiener v. WhippleWisconsin Supreme Court · 1881
- Jackowski v. Illinois Steel Co.Wisconsin Supreme Court · 1899
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- Elwell v. Adder Machine Co.Wisconsin Supreme Court · 1908
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