Taylor v. Davis
Wisconsin Supreme Court
APPEAL from the Circuit Court for St. Croix County. The complaint alleges in effect that March 29, 1889, the plaintiff, at Barron, Wis., at the special instance and request of the defendants, under the firm name of D. C. Davis & Sons, sold, and in the month of April, 1889, delivered, to them 111,198 feet of birch lumber at the agreed price of $7 per thousand feet, amounting to $778.28; that no part thereof has been paid, except the sum of $593.12, and that there is now due…
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APPEAL from the Circuit Court for St. Croix County. The complaint alleges in effect that March 29, 1889, the plaintiff, at Barron, Wis., at the special instance and request of the defendants, under the firm name of D. C. Davis & Sons, sold, and in the month of April, 1889, delivered, to them 111,198 feet of birch lumber at the agreed price of $7 per thousand feet, amounting to $778.28; that no part thereof has been paid, except the sum of $593.12, and that there is now due and owing the plaintiff on account thereof the sum of $185.16, for which amount, with interest and costs, judgment is…
1Opinion of the CourtCassoday, J.
Exception is taken because the court admitted in evidence the written contract found in the foregoing statement. The grounds of the objection appear to be that the complaint is not based upon a written contract, nor any contract, but upon a balance due for goods sold and delivered. It does appear from the complaint, however, that there was a contract of bargain and sale for *458the lumber between the parties, and the substance of it, without stating whether it was oral or written. Since the amount to be paid for the lumber was such as to make the contract void unless in writing, the defendants…
2Cases cited10 opinions
- Herbst v. LoweWisconsin Supreme Court · 1886
- Curran v. WitterWisconsin Supreme Court · 1887
- Robbins v. DeverillWisconsin Supreme Court · 1865
- Smith v. SchulenbergWisconsin Supreme Court · 1874
- Schettler v. JonesWisconsin Supreme Court · 1866
5 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Tri-Motors Sales, Inc. v. Travelers Indemnity Co.Wisconsin Supreme Court · 1963
- Eiche v. WallrabensteinWisconsin Supreme Court · 1934
- Fondtosa Highlands, Inc. v. Paramount Development Co.Wisconsin Supreme Court · 1933
- Oconto Chamber of Commerce v. GrandallWisconsin Supreme Court · 1921