Quaker Maid Corp. v. New Holstein Canning Co.
Wisconsin Supreme Court
Appeal from an order of the circuit court for Calumet county: Geo. W. Burnell, Circuit Judge. Demurrer. The amended complaint, after setting out the corporate character of the parties, alleged that on the 10th day of April, 1920, the parties entered into an agreement in writing by telegram, letters, and memoranda, copies of which are attached to- the complaint, and that by said written agreement it was mutually agreed that the defendant would sell and deliver to the…
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Appeal from an order of the circuit court for Calumet county: Geo. W. Burnell, Circuit Judge. Demurrer. The amended complaint, after setting out the corporate character of the parties, alleged that on the 10th day of April, 1920, the parties entered into an agreement in writing by telegram, letters, and memoranda, copies of which are attached to- the complaint, and that by said written agreement it was mutually agreed that the defendant would sell and deliver to the plaintiff f. o. b. cars at New Holstein, Wisconsin, 2,000 cases of Standard No. 4 Alaska peas at $1.10 per dozen; that…
1Opinion of the CourtRosenberry, J.
The trial court, in sustaining the demurrer to the original complaint, filed a written opinion.
The complaint was thereupon amended in several particulars. The demurrer to the amended complaint was thereafter sustained without opinion. The final confirmation is dated April 12, 1920, and although the complaint alleges that the contract was made on the 10th day of April, we think that allegation is controlled by the correspondence attached, it appearing that both parties interpreted the contract as expiring on April 26th by its terms. The complaint alleging that the embargo was released on April…
2Cases cited1 opinion
- State ex rel. Hemmy v. MillerWisconsin Supreme Court · 1921