Gehl v. Milwaukee Produce Co.
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Milwaukee county: LaweeNce W. Halsey, Circuit Judge. Tbis is an action to recover damages on account of tbe defendant’s refusal to accept and pay for 160 bags of white ■clover seed in alleged breach of a contract made between tbe parties orally February 1, 1897, and confirmed by tbe following written memorandum on tbe following day: “Milwaukee, Eeb. 2, 1897. “M. & N. Gebl — Dear Sirs: Confirm purchase about 160 'bgs. white…
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Appeal from a judgment of tbe circuit court for Milwaukee county: LaweeNce W. Halsey, Circuit Judge. Tbis is an action to recover damages on account of tbe defendant’s refusal to accept and pay for 160 bags of white ■clover seed in alleged breach of a contract made between tbe parties orally February 1, 1897, and confirmed by tbe following written memorandum on tbe following day: “Milwaukee, Eeb. 2, 1897. “M. & N. Gebl — Dear Sirs: Confirm purchase about 160 'bgs. white clover 8f; 9 bgs. 6c; 9 bgs. 5c; 25 bgs. red 7-|; screen 2c; buyer’s option March 1. “Truly yours, “Milwauiíee Peoduce Co.”…
1Opinion of the CourtWinslow, J.
As indicated in the foregoing statement of facts, there were several important differences in the evi-*267clence upon tbe second trial from that which had been given on the first trial. Upon both trials it was admitted that there was no attempt to deliver the seed on March 1st, and that the time for delivery was, by general consent, extended to the 14th or 15th of March, but here the difference begins. Upon the former trial the plaintiffs simply claimed to have made a valid offer of delivery of the seed on March 15th by presenting to defendant a warehouse receipt for the seed, with unpaid storage…
2Cases cited17 opinions
- Life & Fire Insurance v. Mechanic Fire InsuranceNew York Supreme Court · 1831
- Lanphere v. StateWisconsin Supreme Court · 1902
- Shepherd v. StateSupreme Court of Florida · 1895
- Pratt v. S. Freeman & Sons Manufacturing Co.Wisconsin Supreme Court · 1902
- Dozier v. JermanSupreme Court of Missouri · 1860
12 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Secor v. StateWisconsin Supreme Court · 1903
- Du Cate v. Town of BrightonWisconsin Supreme Court · 1907
- Lowe v. RingWisconsin Supreme Court · 1904
- Gay v. Milwaukee Electric Railway & Light Co.Wisconsin Supreme Court · 1909
- Crawford v. DahlenbergMissouri Court of Appeals · 1926
7 more not listed; retrieve them via the Exa API.