McDonald v. Markesan Canning Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Green Lake county: Cuestes, A. Fowleb, Circuit Judge. On or shortly prior to the 4th of March, 1902, the Fisk-Kyle Company, described as canned goods brokers, a corporation of Chicago,- Illinois, entered into a written agreement with the plaintiff and about thirty of his neighbors near Markesan, Wisconsin, whereby, whenever the writing should have been signed by subscribers to the extent of $11,500, the ■contract should become…
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Appeal from a judgment of the circuit court for Green Lake county: Cuestes, A. Fowleb, Circuit Judge. On or shortly prior to the 4th of March, 1902, the Fisk-Kyle Company, described as canned goods brokers, a corporation of Chicago,- Illinois, entered into a written agreement with the plaintiff and about thirty of his neighbors near Markesan, Wisconsin, whereby, whenever the writing should have been signed by subscribers to the extent of $11,500, the ■contract should become binding and should be to the effect that the Eisk-Kyle Company should procure a site at or near Markesan and should…
1Opinion of the CourtDodge, J.
The contract here under consideration, which constitutes tbe basis of all rights urged, is tripartite, so tbat •each party assumes duties to each of tbe others and acquires rights against each. 'While primarily it is a contract between Fisk-Kyle Company and the association of men, afterwards to constitute tbe Markesan Canning Company, to tbe effect tbat tbe former should build the factory for $11,500 and tbe latter accept it and issue stock to those individual subscribers upon payment by them to the former, it is also a contract between each of tbe subscribers and Fisk-Kyle Company to tbe…
2Cases cited17 opinions
- Pabst Brewing Co. v. City of MilwaukeeWisconsin Supreme Court · 1905
- Combs v. ScottWisconsin Supreme Court · 1890
- McCann v. WelchWisconsin Supreme Court · 1900
- Fox v. WilkinsonWisconsin Supreme Court · 1907
- Rogers v. Van NortwickWisconsin Supreme Court · 1894
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3Cited by7 opinions
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- Maryland Casualty Co. v. JohnWisconsin Supreme Court · 1932
- Cazier v. HartWisconsin Supreme Court · 1914
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