White v. Hanchett
Wisconsin Supreme Court
APPEAL from the Circuit Court for Outagamie County. The parties to this action entered into an oral- agreement, in November, 1864, by which defendant was to deliver to plaintiffs on the railroad at the city of Appleton, an unlimited number of railroad ties; the same to be counted and accepted by plaintiffs, or by a certain person in their behalf.
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APPEAL from the Circuit Court for Outagamie County. The parties to this action entered into an oral- agreement, in November, 1864, by which defendant was to deliver to plaintiffs on the railroad at the city of Appleton, an unlimited number of railroad ties; the same to be counted and accepted by plaintiffs, or by a certain person in their behalf. Defendant delivered ties before the end of July, 1865; the number of which, actually accepted and carried away from the place of delivery by the plaintiffs,.be claims to have been 8,940, which at the contract price would have amounted to $2,235, and…
1Opinion of the CourtDowner, J.
The appellants maintain that the contract set out in the counter-claim is within the statute of frauds, because the ties were not to be delivered within a year. The contract, to be within the statute, must be such that it cannot be performed within a year. Roberts v. Rockbottom Co., 7 Met., 47; Kent v. Kent, 18 Pick., 569; Wells v. Horton, 4 Bing., 40. The defendant, in his counter-claim, avers, and the evidence shows, that the ties were delivered and accepted within a year.
The appellants also contend that although the ties were delivered at the place agreed on, and by them taken, loaded on…
2Cited by4 opinions
- Case v. HoffmanWisconsin Supreme Court · 1898
- Seddon v. RosenbaumSupreme Court of Virginia · 1889
- Conway v. MitchellWisconsin Supreme Court · 1897
- Foley v. MarschWisconsin Supreme Court · 1916