Francis H. Leggett & Co. v. West Salem Canning Co.
Wisconsin Supreme Court
Appeals from a judgment of tbe circuit court for La Crosse county: E. C. IIigbee, Circuit Judge. Action for damages for breach of contract to sell and deliver 2,000 cases of canned peas known as “No. 4 Alaska peas” at eighty-five cents per dozen cans, there being two dozen cans in each case. The defendant in June, 1911, operated a pea-canning factory at West Salem, Wisconsin, and the plaintiff was a wholesale grocery corporation at New York.
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Appeals from a judgment of tbe circuit court for La Crosse county: E. C. IIigbee, Circuit Judge. Action for damages for breach of contract to sell and deliver 2,000 cases of canned peas known as “No. 4 Alaska peas” at eighty-five cents per dozen cans, there being two dozen cans in each case. The defendant in June, 1911, operated a pea-canning factory at West Salem, Wisconsin, and the plaintiff was a wholesale grocery corporation at New York. The defendant at this time had an agent named Killian at New York who had the exclusive agency for the sale of its goods in New York; H. C. Gilbert was a…
1Opinion of the CourtWiNsnow, C. J.
Clearly Gilbert was the agent of both parties, as middlemen generally are and properly may be. His function was simply to act as the means of communication between parties who made their own terms. Stewart v. Mather, 32 Wis. 344, 355; Orton v. Scofield, 61 Wis. 382, 21 N. W. 261. Probably no oné would doubt that if the only facts appearing in evidence were that the plaintiff sent to the defendant' a telegram offering eighty-five cents per dozen, f. o. b., for 2,000 cases fancy four Alaska peas, and that the defendant replied immediately, “$2,000 cases four Alaskas at eighty-five, f. o. b.…
2Cases cited8 opinions
- Clews v. JamiesonSupreme Court of the United States · 1901
- Stewart v. MatherWisconsin Supreme Court · 1873
- Moulton v. KershawWisconsin Supreme Court · 1884
- Orton v. ScofieldWisconsin Supreme Court · 1884
- Hunter v. HathawayWisconsin Supreme Court · 1901
3 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Goldstine v. TolmanWisconsin Supreme Court · 1914
- Garrick Theater Co. v. Gimbel Bros.Wisconsin Supreme Court · 1914
- Walter v. Four Wheel Drive Auto Co.Wisconsin Supreme Court · 1934
- State ex rel. News Publishing Co. v. ParkWisconsin Supreme Court · 1917
- Bondy v. HarveyCourt of Appeals for the Second Circuit · 1933
10 more not listed; retrieve them via the Exa API.