McCall Co. v. Icks
Wisconsin Supreme Court
Appeals from a judgment of the circuit court for Winnebago county: Geo. W. Buenell, Circuit Judge. Action to recover damages for breach of contract.
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Appeals from a judgment of the circuit court for Winnebago county: Geo. W. Buenell, Circuit Judge. Action to recover damages for breach of contract. November 1,1896, the defendants made to plaintiff the following proposition in writing: '“The McCall Company, “ 144-146 West 14th St., New York: “Please deliver to the Nickel Plate, c/o Chic. & Northwestern Train No. 57, freight, at New York, addressed to us, :a stock of the McCall bazaar patterns, at the uniform price •of 7-J cents for each pattern (excepting those retailed for 10 cents, the price of which is 5 cents each), amounting to '$75.00…
1Opinion of the CourtMaeshall, J.
The defendants’ appeal is mainly on the ground that the transactions between the parties did not constitute a binding contract for Want of mutuality and consideration to support the promise of the defendants, the theory being that plaintiff did not accept defendants’ order. On that it is considered that the trial court reached the right conclusion. The order expressly stated that upon its acceptance it was to constitute a contract, binding between the parties for two years from its date, and thereafter until the expiration of sixty days’ notice given by either party in writing. It was first…
2Cases cited9 opinions
- Minnesota Lumber Co. v. Whitebreast Coal Co.Illinois Supreme Court · 1895
- National Furnace Co. v. Keystone Manufacturing Co.Illinois Supreme Court · 1884
- Schumaker v. HeinemannWisconsin Supreme Court · 1898
- Thrall v. NewellSupreme Court of Vermont · 1847
- Treat v. HilesWisconsin Supreme Court · 1892
4 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Necedah Manufacturing Corp. v. Juneau CountyWisconsin Supreme Court · 1932
- Gross v. HeckertWisconsin Supreme Court · 1904
- Grand Prairie Gravel Co. v. Joe B. Wills Co.Court of Appeals of Texas · 1916
- Excelsior Wrapper Co. v. MessingerWisconsin Supreme Court · 1903
- Kelley, Maus & Co. v. La Crosse Carriage Co.Wisconsin Supreme Court · 1903
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