Legal Opinion

City of Superior v. Douglas County Telephone Co.

Wisconsin Supreme Court

Decided February 1, 1910PublishedCited by 31 opinions

Appeal from an order of the circuit court for Dane county: E. Rat SteveNS, Circuit Judge. Action to enjoin defendant telephone company from dis-•eontinuing maintenance of telephones in plaintiff’s city and . public library buildings under the agreement to do so free of ■charge to it pursuant to which they were placed therein, and nullify action of the State Railroad Commission requiring *uch discontinuance.

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Appeal from an order of the circuit court for Dane county: E. Rat SteveNS, Circuit Judge. Action to enjoin defendant telephone company from dis-•eontinuing maintenance of telephones in plaintiff’s city and . public library buildings under the agreement to do so free of ■charge to it pursuant to which they were placed therein, and nullify action of the State Railroad Commission requiring *uch discontinuance. The complaint is to this effect: About May, 1904, plaintiff and defendant telephone company made an agreement, whereby the former extended to the latter the privilege of placing one…

1Opinion of the Court

The following opinion was filed October 5, 1909:

MARSHALL, J.

The arguments of counsel cover a very wide range as to whether the transactions detailed in the statement show that a contract was made between appellant and respondent telephone company. On that branch, waiving the matter of public policy, such purely elementary principles are involved that it is not thought best to follow the intricacies of the arguments with which the court has been favored. What constitutes a contract, in the general sense, is too familiar to require discussion. If there was an offer on one side to render a…

2Cases cited4 opinions

  1. Irish v. DeanWisconsin Supreme Court · 1876
  2. Heath v. Silverthorn Lead Mining & Smelting Co.Wisconsin Supreme Court · 1875
  3. Madison, Watertown, & Milwaukee Plank Road Co. v. ReynoldsWisconsin Supreme Court · 1854
  4. Robson v. Mississippi River Logging Co.U.S. Circuit Court for the District of Northern Iowa · 1890

3Cited by31 opinions

  1. Rowe v. Montgomery Ward & Co.Michigan Supreme Court · 1991
  2. Fretz v. City of EdmondSupreme Court of Oklahoma · 1916
  3. Public Service Commission v. ByronCourt of Appeals of Maryland · 1927
  4. City of La Crosse v. La Crosse Gas & Electric Co.Wisconsin Supreme Court · 1911
  5. New York Telephone Co. v. Siegel-Cooper Co.New York Court of Appeals · 1911

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