Ross v. Northrup, King & Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Yernon county: E. C. TIigbeb, Circuit Judge. ■ The defendant is a wholesale dealer in garden and field seeds. It advertised its seeds quite extensively, such advertisements suggesting to prospective purchasers of seeds that they send for defendant’s catalogue and also advise it of the name of the prospective purchaser’s local dealer.
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Appeal from a judgment of the circuit court for Yernon county: E. C. TIigbeb, Circuit Judge. ■ The defendant is a wholesale dealer in garden and field seeds. It advertised its seeds quite extensively, such advertisements suggesting to prospective purchasers of seeds that they send for defendant’s catalogue and also advise it of the name of the prospective purchaser’s local dealer. The plaintiff is a farmer who in the spring of 1911 was intending to plant about twenty acres of tobacco. He saw one of defendant’s catalogues in which was advertised “Comstock Spanish Tobacco Seed.” He desired to…
1Opinion of the Court
The following opinion was filed January 13, 1914:
PARNES, J.
The appellant argues at length that' the relation of buyer and seller existed between the defendant and the storekeeper, Morton, and also between the plaintiff and Morton, and that there was no privity of contract between the plaintiff and the defendant, and, there being no contract relation between them, there was no contract to breach and of course no right of action for a breach.
The respondent contends (1) that Morton acted as the agent of both parties to the transaction, and, (2) if this be not so, that he acted as the agent of…
2Cases cited19 opinions
- Bostwick v. Mutual Life Insurance Co.Wisconsin Supreme Court · 1903
- Herbst v. LoweWisconsin Supreme Court · 1886
- Warner v. BenjaminWisconsin Supreme Court · 1895
- Mamlock v. FairbanksWisconsin Supreme Court · 1879
- Leonard Seed Co. v. Crary Canning Co.Wisconsin Supreme Court · 1911
14 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- Olfe v. GordonWisconsin Supreme Court · 1980
- Bekkevold v. PottsSupreme Court of Minnesota · 1927
- United States v. Stanolind Crude Oil Purchasing Co.Court of Appeals for the Tenth Circuit · 1940
- Miller v. Germain Seed & Plant Co.California Supreme Court · 1924
- Wolfe v. Texas Co.Court of Appeals for the Tenth Circuit · 1936
27 more not listed; retrieve them via the Exa API.