Shuman v. Steinel
Wisconsin Supreme Court
Appeal from a judgment of tbe superior court of Milwaukee county: J. C. Ludwig, Judge. Action to recover on alleged contract liability. Tbe complaint was to the effect that October 15, 1902, defendant contracted in writing to take of tbe plaintiff a set of “Stoddard’s Lectures” and pay therefor $36; that plaintiff, fully performed bis part under such contract but that defendant refused to pay for tbe property.
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Appeal from a judgment of tbe superior court of Milwaukee county: J. C. Ludwig, Judge. Action to recover on alleged contract liability. Tbe complaint was to the effect that October 15, 1902, defendant contracted in writing to take of tbe plaintiff a set of “Stoddard’s Lectures” and pay therefor $36; that plaintiff, fully performed bis part under such contract but that defendant refused to pay for tbe property. Defendant answered denying that be agreed to purchase or that be received tbe property mentioned. Tbe signature to tbe contract was duly put in issue so as to cast on plaintiff tbe…
1Opinion of the CourtMaRshaul, J.
The assignments of error urged by appellant may be stated thus: 1. The court should have granted a nonsuit on appellant’s motion because the complaint was on *425■contract charging bim with being tbe maker thereof, while the proof showed that the contract was made by his wife and that he did not subsequently ratify the same. 2. The contract was that of appellant’s wife and so he was not liable without an express promise to pay, based on a new and independent consideration. 3. The contract was. shown to be void because altered fraudulently in a material part. 4. The court refused to submit to the…
2Cases cited7 opinions
- Wilson v. HayesSupreme Court of Minnesota · 1889
- Schreyer v. Turner Flouring Co.Oregon Supreme Court · 1896
- Minnich v. DarlingIndiana Court of Appeals · 1894
- Mitchell v. Minnesota Fire Ass'nSupreme Court of Minnesota · 1892
- Meiners v. MunsonIndiana Supreme Court · 1876
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Gimbel Bros. v. AdamsWisconsin Supreme Court · 1922