Legal Opinion

Kerkhof v. Atlas Paper Co.

Wisconsin Supreme Court

Decided April 12, 1887PublishedCited by 15 opinions

APPEAL from tbe Circuit Court for Outagamie County. Action to recover tbe purchase price of a quantfiy of pine cord-wood alleged to have been sold and delivered to the defendant. The facts will sufficiently appear from the opinion. The plaintiff appeals from a judgment dismissing the complaint.

1Opinion of the CourtCole, C. J.

In this case the plaintiff moved for judg- • ment upon the special verdict. The court denied this motion, and gave judgment dismissing the complaint upon the merits. If the facts found in the special verdict are in-' sufficient to warrant a judgment for the plaintiff, this ruling must be affirmed. The action is brought upon a parol exec-utory contract for the sale and delivery of a quantity of pine cord-wood. The price of the wood amounted to $500 or $600, and the court undoubtedly considered that the contract was within the statute of frauds and the facts found in the special verdict failed…

2Cases cited10 opinions

  1. Everingham v. MeighanWisconsin Supreme Court · 1882
  2. Bacon v. EcclesWisconsin Supreme Court · 1877
  3. Bates v. ChesebroWisconsin Supreme Court · 1873
  4. Pratt v. PeckWisconsin Supreme Court · 1886
  5. Mason v. H. Whitbeck Co.Wisconsin Supreme Court · 1874

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3Cited by15 opinions

  1. Baxter v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1899
  2. Gatzow v. BueningWisconsin Supreme Court · 1900
  3. Davis v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1896
  4. Deisenrieter v. Kraus-Merkel Malting Co.Wisconsin Supreme Court · 1897
  5. McGowan v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1895

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