Schmidt v. Thomas
Wisconsin Supreme Court
APPEAL from the Circuit Court for Waukesha County. The facts are stated in the opinion. The defendant appeals from a judgment in favor of the plaintiff. They, contended, inter cilia, that the contract if completed at all was completed by the delivery ; but that took place on Sunday, and was, therefore, void. Smith v. Foster, 41 R. II. 215; Moseley v. Hatch, 108 Mass. 517; Fitzgerald v. Robinson, 112 id. 371. The delivery was void and incapable of ratification.
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APPEAL from the Circuit Court for Waukesha County. The facts are stated in the opinion. The defendant appeals from a judgment in favor of the plaintiff. They, contended, inter cilia, that the contract if completed at all was completed by the delivery ; but that took place on Sunday, and was, therefore, void. Smith v. Foster, 41 R. II. 215; Moseley v. Hatch, 108 Mass. 517; Fitzgerald v. Robinson, 112 id. 371. The delivery was void and incapable of ratification. Yinz v. Beatty, 61 Wis. 645, and cases cited. An illegal contract is incapable of becoming the consideration of a subsequent promise.…
1Opinion of the CourtORTon, J.
The defendant orally agreed to purchase from the plaintiff an organ, book, and stool, to be sent for by the plaintiff, for $65. The plaintiff sent for the organ, book, and stool, and his agent, one Mr. Rorton, delivered *531the organ at the house where the defendant lived with his father and mother, on the next Sunday. Afterwards, Mr. Norton called on the defendant, and he said that he liked the organ first-rate, and asked about the book and stool. The book and stool were afterwards also delivered. After that, however, the defendant told the plaintiff that he would not keep the organ, and that he…
2Cases cited2 opinions
- Kerkhof v. Atlas Paper Co.Wisconsin Supreme Court · 1887
- Amson v. DreherWisconsin Supreme Court · 1874
3Cited by9 opinions
- Becker v. HolmWisconsin Supreme Court · 1894
- O'Day v. MeyersWisconsin Supreme Court · 1911
- Sherry v. MadlerWisconsin Supreme Court · 1905
- Sentinel Co. v. A. D. Meiselbach Motor Wagon Co.Wisconsin Supreme Court · 1910
- Garton Toy Co. v. Buswell Lumber & Manufacturing Co.Wisconsin Supreme Court · 1912
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