Sheffield-King Milling Co. v. Jacobs
Wisconsin Supreme Court
Appeal- from a judgment of the circuit court for Dodge county: Martin L. Lueck, Circuit Judge. Contract. From the complaint it appears that the plaintiff is a Minnesota corporation located at the city of Minneapolis, and manufacturer and marketer of a certain grade and quality of flour known as “Gold Minethat on the 7th day of May, 1917, the defendant, a dealer residing at the city of Waupun, by written contract purchased 205 barrels of Gold Mine flour, 196 pounds to the…
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Appeal- from a judgment of the circuit court for Dodge county: Martin L. Lueck, Circuit Judge. Contract. From the complaint it appears that the plaintiff is a Minnesota corporation located at the city of Minneapolis, and manufacturer and marketer of a certain grade and quality of flour known as “Gold Minethat on the 7th day of May, 1917, the defendant, a dealer residing at the city of Waupun, by written contract purchased 205 barrels of Gold Mine flour, 196 pounds to the barrel, which was packed in cotton bags each containing forty-nine pounds, and agreed to pay for the same at the rate of…
1DissentEschweiler, J.
By the affirmance of the judgment of the court below judicial sanction and thereby judicial approval is given .to the allowance as stipulated damages of an amount of not less than $4 per barrel for breach of a contract to buy such a staple necessary essential as flour, sold at the agreed price of $12.10 per barrel.
This item of so-called damages necessarily includes the profits of the transaction, and under the facts here can be reasonably construed to include nothing but profits.
If this is a legitimate, reasonable, and lawful profit between miller and wholesaler, it would have to be held to…
2Cases cited24 opinions
- United States v. Bethlehem Steel Co.Supreme Court of the United States · 1907
- Wise v. United StatesSupreme Court of the United States · 1919
- Hall v. PaineMassachusetts Supreme Judicial Court · 1916
- Davis v. La Crosse Hospital Ass'nWisconsin Supreme Court · 1904
- McLennan v. ChurchWisconsin Supreme Court · 1916
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