Prautsch v. Rasmussen
Wisconsin Supreme Court
Appeal from a judgment of the county court of Winnebago county: O. D. Cleveland, Jndge. This is an action to recover a balance of $169 alleged to be dne on tbe purchase price of 425 yards of crushed stone at fifty-eight cents per cubic yard. The defendants counterclaimed for an alleged breach of the contract under which the stone was sold. It appeared that the plaintiff owned a stone quarry and the defendants were building contractors.
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Appeal from a judgment of the county court of Winnebago county: O. D. Cleveland, Jndge. This is an action to recover a balance of $169 alleged to be dne on tbe purchase price of 425 yards of crushed stone at fifty-eight cents per cubic yard. The defendants counterclaimed for an alleged breach of the contract under which the stone was sold. It appeared that the plaintiff owned a stone quarry and the defendants were building contractors. On the 23d day of November, 1904, plaintiff made a written •contract with the defendants by which he agreed “to furnish to parties of the second part…
1Opinion of the CourtWiNsnow, J.
In a number of cases in this court contracts which in all essential features were like the contract in question have been held to be entire contracts, requiring full performance before payment of the consideration is due, notwithstanding the fact that the contracts did not provide for payment in a lump sum, but for measurement of the consideration by quantities or units. McDonald v. Bryant, 73 Wis. 20, 40 N. W. 665; Boutin v. Lindsley, 84 Wis. 644, 54 N. W. 1017; Warehouse & B. S. Co. v. Galvin, 96 Wis. 523, 71 N. W. 804; Widman v. Gay, 104 Wis. 277, 80 N. W. 450. See, also, Baker v. Higgins,…
2Cases cited8 opinions
- Cherry Valley Iron Works v. Florence Iron River Co.Court of Appeals for the Sixth Circuit · 1894
- Baker v. . HigginsNew York Court of Appeals · 1860
- Goodwin v. MerrillWisconsin Supreme Court · 1861
- McDonald v. BryantWisconsin Supreme Court · 1888
- Mount v. . LyonNew York Court of Appeals · 1872
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3Cited by4 opinions
- Seibert v. . DunnNew York Court of Appeals · 1915
- Purington Paving Brick Co. v. Metropolitan Paving Co.Court of Appeals for the Eighth Circuit · 1925
- Schultz v. AndrusWisconsin Supreme Court · 1922
- National Knitting Co. v. Bouton & Germain Co.Wisconsin Supreme Court · 1909