Edward H. Everett Co. v. Cumberland Glass Manufacturing Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Milwaukee county: Lawrence W. Halsey, Circuit Judge. Action by plaintiff to recover $931.50 as commission on sale of 5,000 gross of glass bottles. The facts were substantially as follows: On July 5, 1900, defendant authorized plaintiff to sell 5,000 gross of bottles, at $3.60, five per cent, commission,, f. o. b. Rochester, thirteen cents freight allowance to the purchaser.
Read the full summary
Appeal from a judgment of the circuit court for Milwaukee county: Lawrence W. Halsey, Circuit Judge. Action by plaintiff to recover $931.50 as commission on sale of 5,000 gross of glass bottles. The facts were substantially as follows: On July 5, 1900, defendant authorized plaintiff to sell 5,000 gross of bottles, at $3.60, five per cent, commission,, f. o. b. Rochester, thirteen cents freight allowance to the purchaser. On the same day plaintiff sold that number of bottles for the defendant to the Schlitz Brewing Company at $4 per gross, delivered in Milwaukee,— a price which, measured in…
1Opinion of the CourtDodge, J.
That a contract was made to pay the plaintiff five per cent, if it would make sale of 5,000 gross of bottles for the defendant at the price named is undisputed. That the plaintiff did in good faith make a sale in attempted, though not exact, compliance with those terms, is also undisputed. That it notified defendant that it had sold, and defendant acknowledged such sale as made in pursuance of the contract, is established by the act of the latter in sending samples in pursuance of the telegram so notifying it. At this point, however, it is contended by defendant that no binding effect can be…
2Cited by3 opinions
- Bowe v. GageWisconsin Supreme Court · 1906
- Nordale Realty Co. v. HanelWisconsin Supreme Court · 1947
- Millard v. LoserSupreme Court of Colorado · 1912