McFarlane v. Wadhams
U.S. Circuit Court for the District of Eastern Wisconsin
At Law. This is a general demurrer to the complaint in an action at law. The complaint,. after suitable averments showing diverse citizenship, is as follows: “Second. That at the times hereinafter mentioned the said plaintiff was engaged in business at said Central City, in the state of Colorado, in the manufacture of mining and milling machinery, doing business as a sole trader under tbe name and style of McFarlane & Co. “Third.
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At Law. This is a general demurrer to the complaint in an action at law. The complaint,. after suitable averments showing diverse citizenship, is as follows: “Second. That at the times hereinafter mentioned the said plaintiff was engaged in business at said Central City, in the state of Colorado, in the manufacture of mining and milling machinery, doing business as a sole trader under tbe name and style of McFarlane & Co. “Third. That this plaintiff is informed and verily believes, prior to the 1st day of May, 1906, and at all of the other times hereinafter mentioned, a corporation known as…
1Opinion of the CourtQuarles, District Judge
(after stating the facts as above). It appears that the plaintiff having sent to the Milwaukee Leasing Company proposals and specifications to construct a mill for a definite price for delivery by a certain time f. o. b. Denver, and Wadhams having, presumably on behalf of the corporation, accepted the proposal by his telegram and letter, a complete contract had been concluded thereby. In the absence of any stipulation as to time of payment, the contract price would be payable on delivery of the mill. Thereupon plaintiff, under date of May 17, 1906, notified Tarbet, the superintendent of the…
2Cases cited17 opinions
- Tayloe v. Merchants' Fire Ins. Co. of BaltimoreSupreme Court of the United States · 1850
- Davis v. WellsSupreme Court of the United States · 1881
- Davis Sewing MacHine Co. v. RichardsSupreme Court of the United States · 1885
- Insurance Co. v. Young's AdministratorSupreme Court of the United States · 1875
- Carr v. DuvalSupreme Court of the United States · 1840
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3Cited by2 opinions
- Netherwood v. RaymerDistrict Court, W.D. Wisconsin · 1918
- Oehler v. CawleySupreme Court of Oklahoma · 1924