Newell v. New Holstein Canning Co.
Wisconsin Supreme Court
Appeal fro-m a judgment of tlie circuit court for Calumet county: Geo. W. Buenell, Circuit Judge. Respondents are engaged in the wholesale grocery business in Minneapolis, Minnesota. Appellant is a corporation operating a canning factory at New Holstein, Calumet county, Wisconsin. On April 24, 1901, the parties made the contract out of which this ease arises.
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Appeal fro-m a judgment of tlie circuit court for Calumet county: Geo. W. Buenell, Circuit Judge. Respondents are engaged in the wholesale grocery business in Minneapolis, Minnesota. Appellant is a corporation operating a canning factory at New Holstein, Calumet county, Wisconsin. On April 24, 1901, the parties made the contract out of which this ease arises. It provided for the delivery of 2,000 eases standard three-pound tomatoes at eighty cents per dozen; terms, sixty days, or one and one half per cent, for cash in ten days; quality 1901 pack; cases to be well filled with red ripe fruit,…
1Opinion of the CourtSiebeckeb, J.
The questions arising on the errors assigned in the record require a construction of the agreement sued upon. Under this agreement appellant sold respondents 2,000 cases standard three-pound (can) tomatoes at eighty cents per dozen, of the quality 1901 pack, cases to be well filled with red ripe fruit, to be delivered when packed. *638Among other agreements, it provided that either party might reduce the quantity covered by the contract to fifty per cent, of the order, hut that notice of such reduction must he given not later than July 1, 1901, and that
“if by the destruction of the cannery by…
2Cases cited8 opinions
- Nilson v. MorseWisconsin Supreme Court · 1881
- Anderson v. MaySupreme Court of Minnesota · 1892
- Johnson v. PughWisconsin Supreme Court · 1901
- Boden v. MaherWisconsin Supreme Court · 1900
- Jackowski v. Illinois Steel Co.Wisconsin Supreme Court · 1899
3 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- United States Gypsum Co. v. GleasonWisconsin Supreme Court · 1908
- Mitchell Canneries, Inc. v. United StatesUnited States Court of Claims · 1948
- Leavenworth State Bank v. Cashmere Apple Co.Washington Supreme Court · 1922
- Firestone Tire & Rubber Co. v. WernerWisconsin Supreme Court · 1931
- Ranney-Davis Mercantile Co. v. Shawano Canning Co.Supreme Court of Kansas · 1922
11 more not listed; retrieve them via the Exa API.