Paine v. Fulton
Wisconsin Supreme Court
APPEAL from the Circuit Court for Winnebago County. Action to recover damages for tbe breach of an alleged executory contract between tbe parties, for tbe sale by tbe defendant to tbe plaintiffs of about 500,000 feet of logs at eight dollars per thousand feet.
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APPEAL from the Circuit Court for Winnebago County. Action to recover damages for tbe breach of an alleged executory contract between tbe parties, for tbe sale by tbe defendant to tbe plaintiffs of about 500,000 feet of logs at eight dollars per thousand feet. No note or memorandum in writing of such contract, subscribed by tbe defendant, was made; none of the logs were delivered to tbe plaintiffs; and no part of tbe purchase money therefor was paid at tbe time such contract was made. On tbe night of tbe day on which the alleged contract- was made, tbe defendant stopped with one Smith, a…
1Opinion of the CourtLyok, J.
Conceding, for the purposes of this appeal, that the plaintiffs paid the money to Smith in pursuance of their contract with the defendant and in part execution thereof, it is indisputable that such payment was not made at the time the contract was entered into, but afterwards. It is also indisputable that the alleged contract is within the statute of frauds, and therefore void, unless it is saved by such payment to, Smith. R. S.,ch. 107, sec. 3; Tay. Stats., 1256, § 3. Hence the single question to be determined is, Did such payment take the contract out of the operation of the statute of…
2Cases cited1 opinion
- Bates v. ChesebroWisconsin Supreme Court · 1873
3Cited by5 opinions
- Kerkhof v. Atlas Paper Co.Wisconsin Supreme Court · 1887
- Scott v. Mundy & ScottSupreme Court of Iowa · 1922
- Bates v. ChesebroWisconsin Supreme Court · 1875
- Crosby Hardwood Co. v. TresterWisconsin Supreme Court · 1895
- Allen v. City of GreenwoodWisconsin Supreme Court · 1912