Badger Telephone Co. v. Wolf River Telephone Co.
Wisconsin Supreme Court
'Appeal from a judgment of the circuit court for Wau-shara county: Chas. M. Webb, Circuit Judge. This action was commenced January 31, 1902, to recover $1,500, the alleged purchase price of a telephone exchange and its franchise in Waupaca, and all posts, poles, wires, telephones, and other apparatus connected therewith/ and other property described, sold and delivered by the plaintiff to the'defendant, at its request, January 18, 1900, then and there reasonably worth…
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'Appeal from a judgment of the circuit court for Wau-shara county: Chas. M. Webb, Circuit Judge. This action was commenced January 31, 1902, to recover $1,500, the alleged purchase price of a telephone exchange and its franchise in Waupaca, and all posts, poles, wires, telephones, and other apparatus connected therewith/ and other property described, sold and delivered by the plaintiff to the'defendant, at its request, January 18, 1900, then and there reasonably worth $1,500, and which amount the defendant then and there agreed to pay therefor, but no part’ of which had been paid. In a…
1Opinion of the CourtCassoday, C. J.
We perceive no reversible error in refusing to compel the plaintiff to elect which count it would' go to trial upon. The only difference in the two counts is that in the one it is alleged that the property sold to the defendant was reasonably worth $1,500, which the defendant then and there agreed to pay therefor, and in the other that the defendant agreed to make such payment therefor in thirty-*172•.shares of the capital stock of the defendant corporation, of the par value of $50 each, amounting to $1,500, and then and there having an actual value of $1,500, and that the defendant had failed…
2Cases cited8 opinions
- Ashland Lime, Salt & Cement Co. v. ShoresWisconsin Supreme Court · 1899
- Marvin v. AndersonWisconsin Supreme Court · 1901
- Consolidated Water Power Co. v. NashWisconsin Supreme Court · 1901
- Beers v. KuehnWisconsin Supreme Court · 1893
- Bank of River Falls v. German American Insurance Co.Wisconsin Supreme Court · 1888
3 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- E. D. Metcalf Co. v. GilbertWyoming Supreme Court · 1911
- Stout v. Omaha, Lincoln & Beatrice Railway Co.Nebraska Supreme Court · 1915
- Lyttle v. GoldbergWisconsin Supreme Court · 1907
- Kramer v. StewartWisconsin Supreme Court · 1962