Oconto Brewing Co v. Cayouette
Wisconsin Supreme Court
Appeal from an order of the circuit court for Shawano county: John Goodland, Circuit Judge. This action was brought by the plaintiff, a brewing company, to recover from the defendant $133.50 for beer delivered to defendant, a saloonkeeper in the city of Shawano, between the 22d day of November, 1906, and the 9th day of April, 1907. The plaintiff’s cause of action is upon express contract, to the effect that defendant promised to pay an agreed price for said beer.
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Appeal from an order of the circuit court for Shawano county: John Goodland, Circuit Judge. This action was brought by the plaintiff, a brewing company, to recover from the defendant $133.50 for beer delivered to defendant, a saloonkeeper in the city of Shawano, between the 22d day of November, 1906, and the 9th day of April, 1907. The plaintiff’s cause of action is upon express contract, to the effect that defendant promised to pay an agreed price for said beer. The defendant answered in effect that the plaintiff was anxious to place its goods in Shawano to be handled by defendant, and that…
1Opinion of the CourtKerwin, J.
It is insisted by appellant that the court did not grant a new trial under its discretionary power in that regard, but because of error of the court, and that this is manifest from the fact that no costs were awarded as a condition. It is very plain from the order itself, as well as from the fact that no costs were imposed as a condition of the new trial, that it was granted for error of the court. Frost v. Meyer, 137 Wis. 255, 118 N. W. 811; Giese v. Milwaukee E. R. & L. Co. 116 Wis. 66, 92 N. W. 356. While considerable dis*666cretion is vested in tbe tidal court respecting tbe granting of a new…
2Cases cited6 opinions
- Jones v. EvansWisconsin Supreme Court · 1871
- Duffy v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1874
- Giese v. Milwaukee Electric Railway & Light Co.Wisconsin Supreme Court · 1902
- Fairbanks v. HollidayWisconsin Supreme Court · 1883
- Frost v. MeyerWisconsin Supreme Court · 1908
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- First Wisconsin National Bank v. ObyWisconsin Supreme Court · 1971
- Nelsen v. Farmers Mutual Automobile InsuranceWisconsin Supreme Court · 1958
- Welsh v. Barnes-Duluth Shipbuilding Co.Supreme Court of Minnesota · 1945
- Gaugert v. DuveCourt of Appeals of Wisconsin · 1998
- Kowlak v. Tensleep Merc. Co.Wyoming Supreme Court · 1929
1 more not listed; retrieve them via the Exa API.