Edward T. Kelly Co. v. von Zakobiel
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Milwaukee county: John J. Gregory, Circuit Judge. Action begun in the civil court of Milwaukee county to recover a balance of $51.50 due on the purchase price of a set of books delivered to- defendant in pursuance of the following order: “Edward T. Kelly Company, Chicago.
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Appeal from a judgment of the circuit court for Milwaukee county: John J. Gregory, Circuit Judge. Action begun in the civil court of Milwaukee county to recover a balance of $51.50 due on the purchase price of a set of books delivered to- defendant in pursuance of the following order: “Edward T. Kelly Company, Chicago. “Please enter my order for, and deliver to any common carrier, addressed to' me, one set of Ridpath’s new complete History of the United States, in twelve (12) volumes, three quarters Morocco' binding. “I agree to pay therefor $3 with this order and $3 your order each month…
1Opinion of the CourtVinje, J.
The defendant does not claim that any fraud or duress was practiced upon him or that he signed the order by mistake or did not notice its provisions. On the contrary, his testimony shows that he knew the order contradicted the oral conversations previously had as testified by him and still he signed and delivered it to plaintiff’s agent to be sent to plaintiff. It was sent as intended. It was accepted and acted upon by plaintiff as written. It purported to express all the agreements and in plain terms negatived the existence of any conditions not expressed therein. It was declared…
2Cases cited2 opinions
- Borchert v. Skidmore Land Co.Wisconsin Supreme Court · 1919
- Fountain City Drill Co. v. PetersonWisconsin Supreme Court · 1906
3Cited by9 opinions
- In the Matter of Excalibur Automobile Corporation. Excalibur Automobile Corporation, Debtor-Appellant v. Roosevelt v. RobinsonCourt of Appeals for the Seventh Circuit · 1988
- Dairyland Equipment Leasing, Inc. v. BohenWisconsin Supreme Court · 1980
- Harnischfeger Sale Corporation v. Sternberg Co.Supreme Court of Louisiana · 1934
- J & J Construction Co. v. MayernikOregon Supreme Court · 1965
- Rowe v. ShehynDistrict Court, District of Columbia · 1961
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