Legal Opinion

Meinshausen v. A. Gettelman Brewing Co.

Wisconsin Supreme Court

Decided October 15, 1907PublishedCited by 23 opinions

Appeal from a judgment of tbe circuit court for Milwaukee county: Waekew D. TarraNt, Circuit Judge. This action was commenced January 23, 1904. The original complaint, verified February 18, 1904, alleged in effect, that the defendant is a Wisconsin corporation; that September 10, 1897, the defendant entered into a written contract with the American Copper, Brass & Iron Works, an-Illinois corporation, wherein and whereby that corporation agreed to manufacture, erect, and…

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Appeal from a judgment of tbe circuit court for Milwaukee county: Waekew D. TarraNt, Circuit Judge. This action was commenced January 23, 1904. The original complaint, verified February 18, 1904, alleged in effect, that the defendant is a Wisconsin corporation; that September 10, 1897, the defendant entered into a written contract with the American Copper, Brass & Iron Works, an-Illinois corporation, wherein and whereby that corporation agreed to manufacture, erect, and deliver in the brewhouse-of the defendant “one complete ideal countercurrent wort cooling plant or apparatus,” therein fully…

1Opinion of the Court

Cassoday, O. T.

The cause of action alleged in the original complaint was based upon an express written contract, which was therein alleged to have been fully performed on the part of the American Copper, Brass & Iron Works on or before April 1, 1898. The action was not commenced until nearly six years after such alleged performance, and the amendment was not made until nearly three years after the action was commenced, or nearly nine years after the alleged cause of action upon the written contract had so accrued. The complaint, as amended, alleges the making of the written contract and…

2Cases cited14 opinions

  1. Texas & Pacific Railway Co. v. CoxSupreme Court of the United States · 1892
  2. Union Pacific Railway Co. v. WylerSupreme Court of the United States · 1895
  3. Whalen v. GordonCourt of Appeals for the Eighth Circuit · 1899
  4. Charmley v. CharmleyWisconsin Supreme Court · 1905
  5. Gates v. PaulWisconsin Supreme Court · 1903

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3Cited by23 opinions

  1. Wussow v. Commercial Mechanisms, Inc.Wisconsin Supreme Court · 1980
  2. Sambs v. NowakWisconsin Supreme Court · 1970
  3. Union Pacific Railroad v. SweetSupreme Court of Kansas · 1908
  4. Curtice v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1916
  5. Hafemann v. SeymerWisconsin Supreme Court · 1926

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