Prairie Grove Cheese Manufacturing Co. v. Luder
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Dane county: Robeet G. SiebbcKER, Circuit Judge. Tbe plaintiff, a domestic corporation, sued tbe defendant in justice’s court for a balance alleged to be due of $68.98 upon tbe sale of 8,729 pounds of cheese at eleven cents per pound. Tbe defendant filed a general denial and pleaded payment.
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Appeal from a judgment of the circuit court for Dane county: Robeet G. SiebbcKER, Circuit Judge. Tbe plaintiff, a domestic corporation, sued tbe defendant in justice’s court for a balance alleged to be due of $68.98 upon tbe sale of 8,729 pounds of cheese at eleven cents per pound. Tbe defendant filed a general denial and pleaded payment. Tbe evidence upon tbe trial before the justice showed that on December 11, 1899, tbe plaintiff bad on band at its factory* eleven tubs of September cheese, which was slightly damaged, and on that day made an oral sale thereof to the defendant at eleven cents…
1Opinion
The following opinion was filed June 19, 1902:
WiNSLOW, J.
A rehearing was granted in this case because the court was in doubt whether the former opinion-was correct in stating that this case was substantially identical with the case of Nimmick v. Mathiesson, 32 Wis. 324, and *24ruled thereby. Upon the rehearing, and upon further examination of the Nimmiclc Case, we have become satisfied that the two cases are radically different. The Nimmiclc Case was an action to' recover an alleged balance remaining unpaid upon the purchase price of a large quantity of zinc ore sold by plaintiff to defendants,…
2Cases cited6 opinions
- Herman v. SchlesingerWisconsin Supreme Court · 1902
- Druse v. HorterWisconsin Supreme Court · 1883
- Amson v. DreherWisconsin Supreme Court · 1874
- Nimmick v. MathiessonWisconsin Supreme Court · 1873
- Barker v. BaxterWisconsin Supreme Court · 1844
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