Campbell & Cameron Co. v. Weisse
Wisconsin Supreme Court
Appeal from a judgment of the circnit court for Sheboy-gan county: Michael Kirwan, Circuit Judge. This action is brought to recover a balance alleged to bo due upon a contract to deliver hemlock bark to respondents. The contract was evidenced by the following letter: “Oshkosh, Wis., July 27111, 1901. "0. 8. Weisse & QoSheboygan Falls, Wis.
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Appeal from a judgment of the circnit court for Sheboy-gan county: Michael Kirwan, Circuit Judge. This action is brought to recover a balance alleged to bo due upon a contract to deliver hemlock bark to respondents. The contract was evidenced by the following letter: “Oshkosh, Wis., July 27111, 1901. "0. 8. Weisse & QoSheboygan Falls, Wis. “Gentlemen: Eeferring to your letters of July 5, 9 .and 17, will say that we propose to accept your offer of Eive Dollars per cord for Two Hundred cords, more or less, of Hemlock Bark, f. o. b. ears, Pratt’s Junction, Wis., being the entire-product of bark…
1Opinion of the CourtSeebeceeb, J.
The exception especially urged by appellant bears upon the construction given the contract by the trial court. The foregoing statement of facts shows that appellant contracted with respondents for the sale and delivery of its entire season’s product of hemlock bark of 200 cords, more or less, at $5 per cord; the terms of payment being-cash within ten days from receipt in carload lots. The court. *494held the contract apportionable. An inspection of its terms discloses that the bark as purchased was to be delivered in definite portions, and that the price of each portion was payable upon delivery…
2Cases cited4 opinions
- Palm & Robertson v. Ohio & Mississippi RailroadIllinois Supreme Court · 1856
- Goodwin v. MerrillWisconsin Supreme Court · 1861
- County of Christian v. OverholtIllinois Supreme Court · 1856
- Widman v. GayWisconsin Supreme Court · 1899
3Cited by6 opinions
- Chess & Wymond Co. v. La Crosse Box Co.Wisconsin Supreme Court · 1921
- Ambler v. SinaikoWisconsin Supreme Court · 1919
- Kieckhefer Box Co. v. John Strange Paper Co.Wisconsin Supreme Court · 1923
- Gedanke v. Wisconsin Evaporated Milk Co.Wisconsin Supreme Court · 1934
- Garton Toy Co. v. Buswell Lumber & Manufacturing Co.Wisconsin Supreme Court · 1912
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