Spear v. Bach
Wisconsin Supreme Court
APPEAL from the Circuit Court for MilwavJcee County. This action is brought to recover $400, as the purchase price of 200 shares of the capital stock of the Wausau Mining & Exploring Company, otherwise known as the “ Little Giant,” alleged to have been sold by the plaintiff to the defendant February 19, 1887. The answer consists of denials and counter allegations.
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APPEAL from the Circuit Court for MilwavJcee County. This action is brought to recover $400, as the purchase price of 200 shares of the capital stock of the Wausau Mining & Exploring Company, otherwise known as the “ Little Giant,” alleged to have been sold by the plaintiff to the defendant February 19, 1887. The answer consists of denials and counter allegations. The charge of the trial judge, among other things, states that the theory of the plaintiff is that he and the defendant met on the train; that the plaintiff sold and delivered to the defendant the stock in question; that the…
1Opinion of the CourtCassoday, J.
Every oral contract for the sale of any goods, chattels, or things in action for the price of $50 or more is void “unless the buyer accept and receive part of such goods, or the evidences, or some of them, of such things in action, or unless the buyer shall at the time pay some pvart of the purchase money.” Sec. 2308,’ B. S. The sale of the stock in question was not binding upon the defendant, unless it was made in one of the ways thus prescribed.
We are clearly of the opinion that what took place between the plaintiff and the defendant on the cars, mentioned in the foregoing statement, did…
2Cases cited8 opinions
- Shindler v. . HoustonNew York Court of Appeals · 1848
- Meincke v. FalkWisconsin Supreme Court · 1882
- Bacon v. EcclesWisconsin Supreme Court · 1877
- Kerkhof v. Atlas Paper Co.Wisconsin Supreme Court · 1887
- Pike v. VaughnWisconsin Supreme Court · 1876
3 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Wiger v. CarrWisconsin Supreme Court · 1907
- Sprague v. HosieMichigan Supreme Court · 1908
- Friedman v. PlousWisconsin Supreme Court · 1914
- Spencer v. McGuffinIndiana Supreme Court · 1921