Hirsch Rolling Mill Co. v. Milwaukee & Fox River Valley Railway Co.
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Milwaukee county: JohN J. Geegoey, Circuit Judge. Action for damages for breach of contract. As a result of dealings bad between tbe parties prior to November 8, 1907, plaintiff bad delivered at Elkhart Lake station in tbe county of Sheboygan ten railroad cars loaded with steel rails and angle bars. These rails tbe defendant bad refused to accept.
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Appeal from a judgment of tbe circuit court for Milwaukee county: JohN J. Geegoey, Circuit Judge. Action for damages for breach of contract. As a result of dealings bad between tbe parties prior to November 8, 1907, plaintiff bad delivered at Elkhart Lake station in tbe county of Sheboygan ten railroad cars loaded with steel rails and angle bars. These rails tbe defendant bad refused to accept. As an adjustment of tbe controversy the parties, on November 8, 1907, entered into a new contract, by tbe terms of which it was provided that tbe plaintiff should sell and the defendant purchase six…
1Opinion of the CourtRosenberry, J.
Defendant contends that the contract of November 8th, being one required by the statute of frauds to *223be in writing, cannot be modified by. parol agreement so as to ■extend tbe time for delivery of tbe rails beyond January 22, 1908. We do not find it necessary to determine that matter in tbis case. Tbe jury having found that tbe defendant did make a parol agreement by wbicb tbe time of performance was extended beyond tbe 22d day of January, 1908, and it appearing by tbe undisputed testimony that plaintiff relied tbereon, and it appearing that but for sucb oral agreement it would bave made…
2Cases cited7 opinions
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