Ambler v. Sinaiko
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Dane county: E. Ray Stevens, Circuit Judge. Action by the plaintiff, a wholesale dealer in Illinois coal at Chicago, to recover of defendants, who were retail dealers at Madison, a balance of about $1,200 alleged to be due on purchases of coal between July 10 and October 31, 1916. The defendants by answer admitted the indebtedness claimed, but interposed three counterclaims for failure to deliver coal under three certain…
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Appeal from a judgment of the circuit court for Dane county: E. Ray Stevens, Circuit Judge. Action by the plaintiff, a wholesale dealer in Illinois coal at Chicago, to recover of defendants, who were retail dealers at Madison, a balance of about $1,200 alleged to be due on purchases of coal between July 10 and October 31, 1916. The defendants by answer admitted the indebtedness claimed, but interposed three counterclaims for failure to deliver coal under three certain contracts, and claimed damages amounting tO' nearly $2,500. The action was tried by the court. It appeared by the evidence…
1DissentEschweiler, J.
In this case there is no evidence of the parties ever having, at any one time, made any agreement as to- their subsequent dealings and fixing their respective rights and liabilities. The orders are all separate and independent,' never referring to others or to any prior arrangement, with different provisions as to price, quantities, and times of delivery, and some differences as to times of payment; the plaintiff asserting at times that payments are to- be on the 10th, the 15th, or the 20th, respectively, of the month following deliveries, and all particular provisions as to times of payments…
2Cases cited5 opinions
- National Contracting Co. v. Hudson River Water Power Co.New York Court of Appeals · 1908
- Quarton v. American Law Book Co.Supreme Court of Iowa · 1909
- West v. BechtelMichigan Supreme Court · 1900
- Welsh v. Michigan Maple Co.Michigan Supreme Court · 1910
- Empire Rubber Manufacturing Co. v. MorrisSupreme Court of New Jersey · 1909