Kelly v. Phelps
Wisconsin Supreme Court
APPEAL from the Circuit Court for Hacine County. This is an action to recover commissions on sales of wood alleged to have been made by the plaintiff for the defendant at his request.
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APPEAL from the Circuit Court for Hacine County. This is an action to recover commissions on sales of wood alleged to have been made by the plaintiff for the defendant at his request. The plaintiff resides at Racine, in this state, and the defendant resides in Michigan.' In 1881 the defendant desired to sell about 1,000 cords of wood, and under date of February 6th in that year wrote to the plaintiff as follows: “At what price can you sell 600 cords of beech and 250 cords of maple, to be delivered in May. Will you please do me the favor, and let me know as soon as convenient.” Under date of…
1Opinion of the Court
LyoN, J'.
The authority to the plaintiff to sell the defendant’s wood is found in the letter of the defendant of February 13th, the price being modified by the letter of March 2d. The testimony tends to show that plaintiff made contracts for the sale of 500 cords before any further modification of plaintiff’s authority was attempted. It is contended on behalf of the defendant that the letter of March 26th required *428tbe plaintiff to sell all of the wood in one lot, and consequently deprived him of authority to dispose of the same in parcels. If that is so, it could have no effect upon sales made…
2Cited by9 opinions
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- Levander v. JohnsonWisconsin Supreme Court · 1923
- Magill v. StoddardWisconsin Supreme Court · 1887
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