Sheffield-King Milling Co. v. Jacobs
Wisconsin Supreme Court
Appeal- from a judgment of the circuit court for Dodge county: Martin L. Lueck, Circuit Judge. Contract. From the complaint it appears that the plaintiff is a Minnesota corporation located at the city of Minneapolis, and manufacturer and marketer of a certain grade and quality of flour known as “Gold Minethat on the 7th day of May, 1917, the defendant, a dealer residing at the city of Waupun, by written contract purchased 205 barrels of Gold Mine flour, 196 pounds to the…
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Appeal- from a judgment of the circuit court for Dodge county: Martin L. Lueck, Circuit Judge. Contract. From the complaint it appears that the plaintiff is a Minnesota corporation located at the city of Minneapolis, and manufacturer and marketer of a certain grade and quality of flour known as “Gold Minethat on the 7th day of May, 1917, the defendant, a dealer residing at the city of Waupun, by written contract purchased 205 barrels of Gold Mine flour, 196 pounds to the barrel, which was packed in cotton bags each containing forty-nine pounds, and agreed to pay for the same at the rate of…
1Opinion of the CourtRosenbeRRY, J.
Some doubt exists as to whether or not the answer raises any issue. Giving, to the allegations of the answer every reasonable intendment and the most liberal construction, we are constrained to hold that the allegation that there was no damage suffered by the plaintiff is equivalent to an allegation that the agreed measure of damages is unreasonable, and bears no relation to the actual damages suffered by the plaintiff, and the question of whether or not the agreed damages are in the nature of liquidated damages or a penalty is presented. This is a most liberal construction, and one which we…
2Cases cited18 opinions
- Sun Printing and Publishing Assn. v. MooreSupreme Court of the United States · 1902
- United States v. Bethlehem Steel Co.Supreme Court of the United States · 1907
- Jaquith v. HudsonMichigan Supreme Court · 1858
- Davis v. La Crosse Hospital Ass'nWisconsin Supreme Court · 1904
- Barnard v. BackhausWisconsin Supreme Court · 1881
13 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Wassenaar v. PanosWisconsin Supreme Court · 1983
- Fields Foundation, Ltd. v. ChristensenCourt of Appeals of Wisconsin · 1981
- Larabee Flour Mills Co. v. CarignanoCourt of Appeals for the Tenth Circuit · 1931
- Yerxa, Andrews & Thurston v. Randazzo MacAroni Manufacturing Co.Supreme Court of Missouri · 1926
- McConnell v. L. C. L. Transit Co.Wisconsin Supreme Court · 1969
16 more not listed; retrieve them via the Exa API.