Butterick Publishing Co. v. Rose
Wisconsin Supreme Court
Appeal from an order of the circuit court for Wood county: Chas.' M. Webb, Circuit Judge. This action arose out of a written contract, by the terms of which the plaintiff granted to the defendant the right to act as special agent for the sale of its patterns. By the contract plaintiff agreed to sell and deliver, f. o. b.
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Appeal from an order of the circuit court for Wood county: Chas.' M. Webb, Circuit Judge. This action arose out of a written contract, by the terms of which the plaintiff granted to the defendant the right to act as special agent for the sale of its patterns. By the contract plaintiff agreed to sell and deliver, f. o. b. New York or Chicago, patterns at fifty per cent, of retail prices, and agreed to allow the defendant to return twice during the year, at nine tenths of the price paid for them, in exchange for new patterns to be thereafter shipped, the patterns purchased under-the contract.…
1Opinion of the CourtBarnes, J.
1. The appellant contends that the contract sued on is void because of uncertainty as to the quantity which he should purchase and the price which he should pay for the goods bought thereunder. This court cannot say as a matter *537of law that the retail price of the articles covered by the contract is not a matter that- can he definitely ascertained. The contract provides that the patterns shall not he sold by defendant except at “label prices,” which would indicate that there was stamped on each pattern the retail price at which it should be sold. Defendant is required to keep on hand patterns…
2Cases cited22 opinions
- Bement v. National Harrow Co.Supreme Court of the United States · 1902
- Standard Fashion Co. v. . Siegel-Cooper Co.New York Court of Appeals · 1898
- Butterick Publishing Co. v. FisherMassachusetts Supreme Judicial Court · 1909
- Victor Talking Mach. Co. v. FairCourt of Appeals for the Seventh Circuit · 1903
- Southern Fire Brick & Cray Co. v. Garden City Sand Co.Illinois Supreme Court · 1906
17 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Lakeside Oil Co. v. SlutskyWisconsin Supreme Court · 1959
- E. L. Husting Co. v. Coca Cola Co.Wisconsin Supreme Court · 1931
- American Mutual Liability Insurance v. FisherWisconsin Supreme Court · 1973
- Kipp v. LaunWisconsin Supreme Court · 1911
- Town of Blooming Grove v. City of MadisonWisconsin Supreme Court · 1957
8 more not listed; retrieve them via the Exa API.