Gano v. Chicago & Northwestern Railway Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Monroe County. The cause was before this court on a former appeal and is reported in 49 Wis., 57. A statement of the case will there be found. After the reversal of the judgment on that appeal the venue was changed to Monroe county. Upon the second trial it appeared that of the .400 yards of stone to be used at Devil’s Nose, the defendant had received and paid for 208 yards, but had refused to receive 192 yards.
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APPEAL from the Circuit Court for Monroe County. The cause was before this court on a former appeal and is reported in 49 Wis., 57. A statement of the case will there be found. After the reversal of the judgment on that appeal the venue was changed to Monroe county. Upon the second trial it appeared that of the .400 yards of stone to be used at Devil’s Nose, the defendant had received and paid for 208 yards, but had refused to receive 192 yards. There was a special verdict to the effect that the defendant bought said 192 yards of stone but refused to receive the same, and that the plaintiff…
1Opinion of the Court
The following opinion was filed October 23, 1883:
Cole, O. J.
It cannot be necessary to discuss at any length the questions arising on this record, in view of the quite full opinion delivered by Mr. Justice Taylok on the former appeal. See 49 Wis., 57. The question of agency was there discussed, this court holding that the evidence given for the purpose of establishing the agency of Celluy-ham, or which tended to show that he was authorized to bind the defendant by contracting for the delivery of 1,200 yards of stone for the Crawford Crossing, should have been submitted to the jury, and should…
2Cases cited2 opinions
- Merchants' Bank v. State BankSupreme Court of the United States · 1871
- Gano v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1880
3Cited by11 opinions
- Kickland v. Menasha Wooden Ware Co.Wisconsin Supreme Court · 1887
- Yorton v. Milwaukee, Lake Shore & Western Railway Co.Wisconsin Supreme Court · 1885
- Arnold v. National Bank of WaupacaWisconsin Supreme Court · 1905
- Bouck v. EnosWisconsin Supreme Court · 1884
- Gallinger v. Lake Shore Traffic Co.Wisconsin Supreme Court · 1886
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