Manitowoc Malting Co. v. Fuechtwanger
U.S. Circuit Court for the District of Eastern Wisconsin
At L,aw. This is a' common-law action for damages predicated upon a written contract whereby the defendants agreed to furnish to the plaintiff corporation at its maithouse in Manitowoc 400,000 bushels of barley to be malted during the season of 1907-08. The plaintiff agreed to malt this barley at the stipulated price of 13% cents per bushel. The contract provided for monthly deliveries of malt and monthly payments of the stipulated commission.
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At L,aw. This is a' common-law action for damages predicated upon a written contract whereby the defendants agreed to furnish to the plaintiff corporation at its maithouse in Manitowoc 400,000 bushels of barley to be malted during the season of 1907-08. The plaintiff agreed to malt this barley at the stipulated price of 13% cents per bushel. The contract provided for monthly deliveries of malt and monthly payments of the stipulated commission. The evidence showed beyond dispute that the defendants were in default in their shipments of barley, under the contract, to the amount of 322,000…
1Opinion of the CourtQuarles, District Judge
(after stating the facts as above). We are met at the outset with the contention that under section 914 of the Federal Statutes (U. S. Comp. St. 1901, p. 684), commonly known as the “Conformity Act,” the federal court is bound to adopt the construction imposed by the Supreme Court of Wisconsin upon the Wisconsin statutes relating to variance and amendments of pleadings, and that therefore the case of Pierce v. Northey, 14 Wis. 9, 17, should be accepted as decisive of the present’motion. In that case the Supreme Court held that the ad damnum clause ought not to be amended after verdict except…
2Cases cited26 opinions
- Southern Pacific Co. v. DentonSupreme Court of the United States · 1892
- St. Clair v. United StatesSupreme Court of the United States · 1894
- Luxton v. North River Bridge Co.Supreme Court of the United States · 1893
- McDonald v. NebraskaCourt of Appeals for the Eighth Circuit · 1900
- Shepard v. AdamsSupreme Court of the United States · 1898
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3Cited by2 opinions
- Reardon v. Balaklala Corsol. Copper Co.U.S. Circuit Court for the District of Northern California · 1912
- McCartie v. MuthWisconsin Supreme Court · 1939