Stack v. Roth Bros.
Wisconsin Supreme Court
Apptcat, from a judgment of tbe circuit court for Douglas county: E. C. Higbee, Judge. Action to recover damages for tbe breach of an oral contract to jointly purchase a stock of goods and divide tbe same after tbe purchase.
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Apptcat, from a judgment of tbe circuit court for Douglas county: E. C. Higbee, Judge. Action to recover damages for tbe breach of an oral contract to jointly purchase a stock of goods and divide tbe same after tbe purchase. Tbe allegations in tbe complaint material to tbe questions raised on appeal are that there was in Superior a bankrupt stock of goods of tbe wholesale value of $170,863.12 advertised for sale on a certain date; that a short time previous to said date the plaintiffs and tbe defendant entered into a contract wherein “it was mutually promised, understood, and agreed, among…
1Opinion of the CourtViNJE, J.
The defendant seeks to sustain the judgment on two grounds: first, because the contract is void under the statute of frauds, sec. 2308, Stats. 1915, and the Uniform Sales Act, sec. 1684i — 4, Stats. 1915; and second, because the contract is nudum pactum and, no part of the same having been executed and the plaintiffs not having been placed at a disadvantage by the repudiation thereof, no recovery can be had. Though the court disposed of the case on the second ground, counsel for defendant, if we understand them correctly, place more reliance upon the first ground stated. They argue that the…
2Cases cited13 opinions
- Hunt v. ElliottIndiana Supreme Court · 1881
- Green v. DrummondCourt of Appeals of Maryland · 1869
- Hopkins v. Racine Malleable & Wrought Iron Co.Wisconsin Supreme Court · 1909
- Wiley v. WileyCourt of Appeals of Maryland · 1911
- Colt v. ClappMassachusetts Supreme Judicial Court · 1879
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