Pratt v. Darling
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Waupaca •county: Chas. M. Webb, Circuit Judge. This is an action to recover for merchandise sold. The plaintiffs are manufacturing chemists at Iowa City, Iowa, •and the defendant is a merchant at Manawa, Wisconsin.
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Appeal from a judgment of the circuit court for Waupaca •county: Chas. M. Webb, Circuit Judge. This is an action to recover for merchandise sold. The plaintiffs are manufacturing chemists at Iowa City, Iowa, •and the defendant is a merchant at Manawa, Wisconsin. On March 31, 1903, the plaintiffs’ traveling salesman, one Bai-len, called on the defendant at his store at Manawa, and, after ■some negotiations, obtained the defendant’s written order for a quantity of perfumes and toilet preparations, amounting in all to $133.38. This order contained, among other provisions, the following:…
1Opinion of the CourtWiNsnow, J.
The fraudulent representation upon which the defendant relied as vitiating .the contract of sale was a statement made to him by the agent, Rallen, during the negotiations, to the effect that he had not sold these goods to any other merchant in Manawa and would not do so. The tes*95timony is absolutely undisputed that this statement was made by Killen and that defendant relied upon it, and would not "have purchased had it not been made. It is very certain from the evidence that the sole handling of this line of goods in Manawa was considered important by both parties. It is also undisputed that…
2Cases cited1 opinion
- Tufts v. WeinfeldWisconsin Supreme Court · 1894
3Cited by6 opinions
- Standard Motor Co. v. PeltzerCourt of Appeals of Maryland · 1925
- American Law Book Co. v. FulwilerCourt of Appeals of Texas · 1920
- Jones v. Bankers' Trust Co.District Court, D. New Mexico · 1916
- Brown v. SearchWisconsin Supreme Court · 1907
- Acme Tire & Vulcanizing Co. v. National Cash Register Co.Court of Appeals of Texas · 1921
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