Cooper v. Schwartz
Wisconsin Supreme Court
APPEAL from the Circuit Court for Sheboygan County. Action for a balance alleged to be due for mill machinery sold and delivered to the defendant by C. & J. Cooper, manufacturers, of Mt. Yernon, Ohio. The plaintiff claimed as as-signee of said firm.
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APPEAL from the Circuit Court for Sheboygan County. Action for a balance alleged to be due for mill machinery sold and delivered to the defendant by C. & J. Cooper, manufacturers, of Mt. Yernon, Ohio. The plaintiff claimed as as-signee of said firm. The defense was, that the machinery was furnished to defendant by one "Wilson, under a contract by which Wilson agreed to fit up defendant’s mill, then in course of construction at Plymouth in this state; that Wilson was not authorized to purchase upon defendant’s account; and that defendant had settled with Wilson, and had fully paid him for said…
1Opinion of the CourtCole, J.
Some of the requests asked on the part of the plaintiff, and refused, were cleai’ly proper, and should have been given without qualification. We refer especially to the second, third and fourth, which were as follows:
*58“ 2. If the jury find that the defendant Schwartz so conducted himself in relation to the receipt of the goods addressed to him upon the hills of purchase charging the same to him, that the plaintiff was not distinctly and clearly notified of his repudiation of the charge, and that such disaffirmance by defendant was not made prior to the taking or receiving of any benefits upon…
2Cited by3 opinions
- St. Louis Gunning Advertising Co. v. Wanamaker & BrownMissouri Court of Appeals · 1905
- Cox v. RobinsonCourt of Appeals for the Ninth Circuit · 1897
- Wellauer v. FellowsWisconsin Supreme Court · 1880