Costigan v. Hawkins
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Milwaukee County. Tbe complaint in tbis action alleges the following facts : On, etc., tbe defendant offered to sell tbe plaintiffs tbe right to manufacture and sell in tbis state, tbe article known as “ Heeker Bros.’ Self-Rising Elonr,” and the recipe for the same, representing that he owned the exclusive right of manufacturing and selling said article, and selling said recipe, within this state, acquired from John D’Wight & Co., of New…
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APPEAL from tbe Circuit Court for Milwaukee County. Tbe complaint in tbis action alleges the following facts : On, etc., tbe defendant offered to sell tbe plaintiffs tbe right to manufacture and sell in tbis state, tbe article known as “ Heeker Bros.’ Self-Rising Elonr,” and the recipe for the same, representing that he owned the exclusive right of manufacturing and selling said article, and selling said recipe, within this state, acquired from John D’Wight & Co., of New York city, by an agreement made nominally between them and one C. H. Hawkins, a son of said defendant, but that said…
1Opinion of the CourtCole, J.
It has appeared to me that the complaint in this case might well be' sustained on the first ground taken by the counsel for the plaintiff. He contends that where a number of articles are bought at the same time, and a separate price agreed upon for each, although they are all included in one conveyance or bill of sale, yet the contract, for a sufficient cause, may be rescinded as to part, and the price paid be recovered back, and it may be enforced as to the residue. This is certainly the doctrine of the case of Johnson v. Johnson, 3 Bos. & Pul., 162. And that case is cited, and at least…
2Cases cited3 opinions
- Hurd v. HallWisconsin Supreme Court · 1860
- Weed v. PageWisconsin Supreme Court · 1859
- Ketchum v. . Bank of CommerceNew York Court of Appeals · 1859
3Cited by4 opinions
- Grant v. LawWisconsin Supreme Court · 1871
- Edgerton v. MichelsWisconsin Supreme Court · 1886
- Norman Lumber Co. v. Keystone Manufacturing Co.West Virginia Supreme Court · 1925
- Simmons Cohn Co. v. WeilCourt of Appeals of Texas · 1922