Legal Opinion · Dissent

Miller Saw-Trimmer Co. v. Cheshire

Wisconsin Supreme Court

Decided September 25, 1920Published

Appeal from a judgment of the circuit court for Milwaukee county: Oscar M. Fritz, Circuit Judge. This is a suit brought by the plaintiff, the Miller Saw-Trimmer Company, a Pennsylvania corporation, for the specific performance of a contract entered into between its predecessor, Miller Saw-Trimmer Company of Michigan, a Michigan corporation, hereafter referred to as the Michigan Company, and Edward Cheshire, one of the defendants, a resident of Wisconsin, by which contract…

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Appeal from a judgment of the circuit court for Milwaukee county: Oscar M. Fritz, Circuit Judge. This is a suit brought by the plaintiff, the Miller Saw-Trimmer Company, a Pennsylvania corporation, for the specific performance of a contract entered into between its predecessor, Miller Saw-Trimmer Company of Michigan, a Michigan corporation, hereafter referred to as the Michigan Company, and Edward Cheshire, one of the defendants, a resident of Wisconsin, by which contract the said Cheshire assigned to the Michigan Company certain inventions relating to the feeding and handling of paper, and…

1DissentEschweiler, J.

I am in accord with so much of the majority opinion as upholds the trial court in its conclusion that the plaintiff is not estopped to assert such rights as plaintiff might have acquired under its contract of January, 1911. I am also in accord with so much as holds that such contract of January, 1911, was a valid and subsisting one and that the obligations of Cheshire were not put at an end by the termination of his employment with the plaintiff.

/The contract of January, 1911, being but a modification of the preceding contract, needed no new and additional or other consideration than that…

2Cases cited7 opinions

  1. Henry v. A. B. Dick Co.Supreme Court of the United States · 1912
  2. United States v. United Shoe Machinery Co. of New JerseySupreme Court of the United States · 1917
  3. United States v. WinslowSupreme Court of the United States · 1913
  4. Brown v. EverhardWisconsin Supreme Court · 1881
  5. Montgomery v. American Central InsuranceWisconsin Supreme Court · 1900

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