J. Thompson Manufacturing Co. v. Gunderson
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Rock county; John R. BeNNEtt, Circuit Judge. This action is brought to recover on a written contract for ■the manufacturing of fifty tobacco transplanting machines in the year 1892, at $40 each, and on a verbal contract for remodeling the same machines in 1893, at $5 each. Credit was allowed for $891.12, and judgment was demanded for $1,358.88 and interest.
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Appeal from a judgment of the circuit court for Rock county; John R. BeNNEtt, Circuit Judge. This action is brought to recover on a written contract for ■the manufacturing of fifty tobacco transplanting machines in the year 1892, at $40 each, and on a verbal contract for remodeling the same machines in 1893, at $5 each. Credit was allowed for $891.12, and judgment was demanded for $1,358.88 and interest. The issue tendered was that only thirty-nine of the fifty machines were made, and they were not made according to the contract, by reason whereof they would not work properly and defendant…
1Opinion of the CourtBaRdebn, J.
The facts in this case are involved in a great deal of doubt and uncertainty. Indeed, the confusion is so great that the labors of the court have been greatly increased in endeavoring to arrive at the ultimate rights of the parties. The contract regarding which the main controversy has arisen is as follows:
“Beloit, Wis., May 18th, 1892.,. “ G. 8. Gunderson, Beloit, Wis.: We will make and furnish and complete fifty tobacco transp. machines, built like your model planter, except we will furnish steel shoes instead of cast-iron, for the sum of forty dollars ($40.00) each. We are not to guaranty…
2Cases cited16 opinions
- Carleton v. . Lombard, Ayres Co.New York Court of Appeals · 1896
- Coplay Iron Co. (Ltd.) v. PopeNew York Court of Appeals · 1888
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- Studer v. . BleisteinNew York Court of Appeals · 1889
- Locke v. WilliamsonWisconsin Supreme Court · 1876
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- J. I. Case Plow Works v. Niles & Scott Co.Wisconsin Supreme Court · 1900
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