Lippert v. Saginaw Milling Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Milwaukee county: D. II. JohNSON, Circuit Judge. They contended, inter alia, that it was error to refuse to allow defendant to show that the word “ delivered,” as used in the correspondence of the parties, had a peculiar significance among bean dealers, and that it signified that the price included the freight to the place named and did not refer to the place where title should pass.
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Appeal from a judgment of the circuit court for Milwaukee county: D. II. JohNSON, Circuit Judge. They contended, inter alia, that it was error to refuse to allow defendant to show that the word “ delivered,” as used in the correspondence of the parties, had a peculiar significance among bean dealers, and that it signified that the price included the freight to the place named and did not refer to the place where title should pass. McLaughlin v. Marston, 78 Wis. 670; 2 Jones, Ev. §§ 461, 462; Gamón v. Macligan, 15 Wis. 144,153; Scott v. Beeves, 77 Wis. 312; Janesville G. Mills v. Ford, 82 Wis.…
1Opinion of the Court
Oassoday, O. J.
This is an action to recover $310.15, with interest on $246 from August 25, 1897, as damages for failure to ship from Saginaw, Mich., and deliver to East St. Louis, Ill., a car load of beans, at the agreed price of $450.50, according to the contract, whereby the plaintiff lost the sale thereof. The defendant answered by way of admissions, denials, and counter allegations, and also set up two counterclaims, arising out of other transactions, one for $38.60, and the other for $25.86. At the close of the trial the court directed a verdict in favor of the plaintiff upon the…
2Cases cited2 opinions
- Bradley v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1896
- Kennedy v. South Shore Lumber Co.Wisconsin Supreme Court · 1899
3Cited by5 opinions
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- J. B. Colt Co. v. KimballSupreme Court of North Carolina · 1925
- Stanley v. DryerAppellate Terms of the Supreme Court of New York · 1911