McFarlane v. Wadhams
Court of Appeals for the Seventh Circuit
In Error to the Circuit Court of the United States for the Eastern District of Wisconsin. Action by Peter McFarlane against E. A. Wadhams. Judgment for defendant (165 Fed. 987), and plaintiff brings error.
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In Error to the Circuit Court of the United States for the Eastern District of Wisconsin. Action by Peter McFarlane against E. A. Wadhams. Judgment for defendant (165 Fed. 987), and plaintiff brings error. Plaintiff in error, hereinafter termed plaintiff, a citizen and resident of the state of Colorado, brought this action against defendant in error, hereinafter termed defendant, doing business as a sole trader under the name and style of McFarlane & Co., a citizen and resident of the state of Wisconsin, to recover a balance cine for the iron work for a stamp mill made for and delivered to…
1Opinion of the CourtKohlsaat, Circuit Judge
(after stating the facts as above). The contract here in suit is a Wisconsin contract. After giving his terms, and acceptance thereof by defendant, plaintiff awoke to the fact that nothing had been said about time and, manner of payment, and thereupon, on May 17, 1906, wrote Tarbet, whom he knew to be general superintendent of the Milwaukee Leasing Company, to state how the same were to be met, and to have the payment assumed by Tarbet or defendant, as he did not know anything about the Milwaukee Leasing Company. To this letter defendant replied from Milwaukee, giving-two or three weeks after…
2Cases cited10 opinions
- Davis v. WellsSupreme Court of the United States · 1881
- The KimballSupreme Court of the United States · 1866
- Matteson v. EllsworthWisconsin Supreme Court · 1873
- Union Gold Mining Co. v. Rocky Mountain National BankSupreme Court of Colorado · 1875
- First Nat. Bank v. NewtonSupreme Court of Colorado · 1887
5 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Oregon Home Builders v. CrowleyOregon Supreme Court · 1918
- Brunet, Sáenz & Co., S. en C. v. AponteSupreme Court of Puerto Rico · 1924
- Davis v. McEwen Bros.Court of Appeals for the Ninth Circuit · 1912