Wilbur v. Means
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Oneida county: A. H. Reid, Circuit Judge. Defendant Means puts up and deals in ice at Rhinelander. Plaintiffs are brokers iri ice doing business at Waukesha. April 2, 1919, Means entered into two contracts for the sale of ice with one P. j. Buckley, who thereafter assigned the same to plaintiffs. By one of these contract Means agreed to sell to Buckley or his assigns 1,000 tons of ice at. $1.75 per ton f. o. b. Rhinelander.
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Appeal from a judgment of the circuit court for Oneida county: A. H. Reid, Circuit Judge. Defendant Means puts up and deals in ice at Rhinelander. Plaintiffs are brokers iri ice doing business at Waukesha. April 2, 1919, Means entered into two contracts for the sale of ice with one P. j. Buckley, who thereafter assigned the same to plaintiffs. By one of these contract Means agreed to sell to Buckley or his assigns 1,000 tons of ice at. $1.75 per ton f. o. b. Rhinelander. One hundred dollars was paid in cash, and Buckley further agreed to malee satisfactory arrangements with Means for the…
1Opinion of the CourtOwen, J.
The jury found that the defendant accepted the sight draft for $500 as a first payment on the house-ice contract on condition that plaintiffs should promptly pay the balance then due on the stack ice and that the plaintiffs did not promptly make payment of such balance. This finding was essential in order to constitute the delinquency of the plaintiffs, if any, in making payment for the stack ice a breach of the house-ice contract. We have carefully searched the record for evidence to sustain this finding of the jury, but we are unable to find a scintilla of evidence to support it. On the…
2Cases cited1 opinion
- Ambler v. SinaikoWisconsin Supreme Court · 1919
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