Mason v. H. Whitbeck Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Oconto County. Action to recover an unpaid balance of the contract price for a quantity of lath sold by the plaintiff to the defendant company.
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APPEAL from the Circuit Court for Oconto County. Action to recover an unpaid balance of the contract price for a quantity of lath sold by the plaintiff to the defendant company. The complaint avers, and the answer expressly admits, that the defendant agreed to purchase of the plaintiff all of the lath which the latter should manufacture during the fall of 1871 at the mill of one McCartney in Marinette; that the plaintiff was to pile the lath on the dock of McCartney near said mill; and that the defendant “ agreed with the said plaintiff to pay him one doilar and forty-eight cents per thousand…
1Opinion of the CourtLyon, J.
It is obvious that this case is not affected by the' statute of frauds. The action is not upon an executory contract of sale. The plaintiff does not claim that he is entitled to recover unless there was a complete delivery of the lath to the defendant. If there was such delivery, the contract, was valid from the time of delivery, although it may have been within the statute so long as it remained unexecuted. Inasmuch as the plaintiff’s testimony tended to show a delivery, the motion for a nonsuit was properly denied.
The controlling question litigated on the trial was, whether the lath had…
2Cases cited2 opinions
- Eldred v. Oconto Co.Wisconsin Supreme Court · 1873
- Andrea v. ThatcherWisconsin Supreme Court · 1869
3Cited by8 opinions
- Grace v. DempseyWisconsin Supreme Court · 1889
- Kerkhof v. Atlas Paper Co.Wisconsin Supreme Court · 1887
- State v. GlassWisconsin Supreme Court · 1880
- Gilchrist v. BrandeWisconsin Supreme Court · 1883
- Bank of River Falls v. German American Insurance Co.Wisconsin Supreme Court · 1888
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