Meincke v. Falk
Wisconsin Supreme Court
APPEAL from the Circuit Court for MiT/wwukee County.. The case is thus-stated by Mr. Justice Cassoday: “ This is an action to recover the cost of a certain carriage manufactured by the plaintiff, and alleged to have been ordered and contracted for by Franz Falle through his agent, Louis Ealk, in November, 1818, as a family carnage for the use of himself and family, at a price not exceeding $900, to be ready for delivery on or about May 1, 1879, and which was, as alleged,…
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APPEAL from the Circuit Court for MiT/wwukee County.. The case is thus-stated by Mr. Justice Cassoday: “ This is an action to recover the cost of a certain carriage manufactured by the plaintiff, and alleged to have been ordered and contracted for by Franz Falle through his agent, Louis Ealk, in November, 1818, as a family carnage for the use of himself and family, at a price not exceeding $900, to be ready for delivery on or about May 1, 1879, and which was, as alleged, built and completed according to agreement, and has ever since been kept subject to defendant’s order. The defendant…
1Opinion of the CourtCassoday, J.
There is no claim that the alleged contract or order for the carriage was in writing. On the contrary, it is conceded that it rested wholly in parol. For this rea_ son it is urged that it came within the statute of frauds, and hence was not binding upon Fra/m Falls, even if Louis had authority to make and did make the contract. The question is not without difficulty, and the decisions of the courts are by no means uniform. The statute provides that “ every oonti'actfor the sale of any goods, chattels, or things in action, for the price of $50 or more, shall be void, unless (1) a note or…
2Cases cited13 opinions
- Todd v. Dowd's heirsCourt of Appeals of Kentucky · 1858
- Goddard v. BinneyMassachusetts Supreme Judicial Court · 1874
- Cooke v. . MillardNew York Court of Appeals · 1875
- Crookshank v. BurrellNew York Supreme Court · 1820
- Parsons v. . LoucksNew York Court of Appeals · 1871
8 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Gross v. HeckertWisconsin Supreme Court · 1904
- Boyington v. SweeneyWisconsin Supreme Court · 1890
- Pratt v. MillerSupreme Court of Missouri · 1891
- Wiger v. CarrWisconsin Supreme Court · 1907
- Meincke v. FalkWisconsin Supreme Court · 1884
15 more not listed; retrieve them via the Exa API.