Zinns Manufacturing Co. v. Mendelson
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Milwaukee county: D. H. Johnson, Circuit Judge. Tbe action is to recover $255.30, balance of account for certain goods delivered by tbe plaintiff to tbe defendant Michael I. Mendelson, to be sold on commission. Tbe plaintiff was engaged in tbe manufacture and sale of wbat were known as “ Eosa sadirons.” Tbe defendant Michael I. Men-delson entered into a written contract with the plaintiff to sell said.
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Appeal from a judgment of tbe circuit court for Milwaukee county: D. H. Johnson, Circuit Judge. Tbe action is to recover $255.30, balance of account for certain goods delivered by tbe plaintiff to tbe defendant Michael I. Mendelson, to be sold on commission. Tbe plaintiff was engaged in tbe manufacture and sale of wbat were known as “ Eosa sadirons.” Tbe defendant Michael I. Men-delson entered into a written contract with the plaintiff to sell said. Rosa sadirons on commission. ' The other defendants, jointly with Michael I. Mendelson, executed a bond to the plaintiff to secure the faithful…
1Opinion of the CourtNkwhaN, J.
The contention of the defendants in regard ■to the item of $209.18, due at the date of the bond, is that it is not within their undertaking; that they made themselves responsible for Michael 1. Mendelson!s performance after the date of the bond, only. That is, in effect, conceded by the plaintiff. But it avoids the effect of defendants’ contention by saying, in effect, that this is the earliest item in ■a running open account, and has long since been extinguished by payments made by the defendants generally on the ac-count and applied to the extinguishment of the earliest items of the account…
2Cases cited1 opinion
- Hannan v. EngelmannWisconsin Supreme Court · 1880
3Cited by3 opinions
- Miller ex rel. Carpenter v. EngleMissouri Court of Appeals · 1915
- State ex rel. Spillman v. Security State BankNebraska Supreme Court · 1928
- Jacob E. Decker & Sons v. Milwaukee Cold Storage Co.Wisconsin Supreme Court · 1920