Singer v. Millard
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Milwaukee county: Oscar M. Fritz, Circuit Judge. Guaranty. January 7, 1919, the plaintiff entered into a written agreement with one Frank E. Cook, whereby the plaintiff agreed to sell to Cook a stock of merchandise, implements, furniture, and fixtures for $3,200, to be paid $100 in two weeks, the remaining $3,100 to be p^id in even and equal instalments of $200 on the 22d day of each month until the full purchase price with…
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Appeal from a judgment of the circuit court for Milwaukee county: Oscar M. Fritz, Circuit Judge. Guaranty. January 7, 1919, the plaintiff entered into a written agreement with one Frank E. Cook, whereby the plaintiff agreed to sell to Cook a stock of merchandise, implements, furniture, and fixtures for $3,200, to be paid $100 in two weeks, the remaining $3,100 to be p^id in even and equal instalments of $200 on the 22d day of each month until the full purchase price with interest should be paid. The defendant executed the following guaranty: “For value received and in consideration of one…
1Opinion of the CourtRosenberry, J.
The plaintiff contends that under Wiedenbeck-Dobelin Co. v. Anderson, 168 Wis. 212, 169 N. W. 615, and Defiance M. Works v. Gill, 170 Wis. 477, 175 N. W. 940, the plaintiff’s remedies were cumulative, and that he therefore had a right to pursue either or both, and that his conduct in taking possession of the property after the default of Cook did not amount to a rescission of the contract.
In the Wiedenbeck-Dobelin Case the vendor, under the conditional contract of sale, brought suit upon the notes, thereby affirming the contract. It then proceeded to satisfy its claim out of the property…
2Cases cited3 opinions
- Defiance Machine Works v. GillWisconsin Supreme Court · 1920
- Wiedenbeck-Dobelin Co. v. AndersonWisconsin Supreme Court · 1918
- Tufts v. BraceWisconsin Supreme Court · 1899
3Cited by4 opinions
- The Connecticut Credit Corporation v. MarascoConnecticut Superior Court · 1937
- Boutelle v. WinneWisconsin Supreme Court · 1968
- Connecticut Credit Corp. v. MarascoPennsylvania Court of Common Pleas · 1937
- General Motors Acceptance Corp. v. DriverSupreme Court of Arkansas · 1933