Burstein v. Phillips
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Eau Claire county: James Wickham, 'Circuit Judge. This is an action to recover damages for the failure to deliver two carloads of rags alleged to have been sold by the defendants to the plaintiff by the following written agreement: “October 5, 1912. “We have today sold to Meyer Burstein, of Neenah, Wis., one carload prints and satinets, price 90c. loaded in car Eau Claire. Bagging 75c., mixed papers 45c., loaded in car.
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Appeal from a judgment of the circuit court for Eau Claire county: James Wickham, 'Circuit Judge. This is an action to recover damages for the failure to deliver two carloads of rags alleged to have been sold by the defendants to the plaintiff by the following written agreement: “October 5, 1912. “We have today sold to Meyer Burstein, of Neenah, Wis., one carload prints and satinets, price 90c. loaded in car Eau Claire. Bagging 75c., mixed papers 45c., loaded in car. “One car blues, price 140. Bundled newspaper and books and magazines, paper from book and stationery store, 60c. per cwt.,…
1Opinion of the Court
Winslow, O. J.
We have, little difficulty in holding that there ^is no substantial uncertainty in the contract as to the price of the goods sold. Eememhering that the various kinds of goods are all different grades of paper rags, and noting that the price of the last grade is specifically named as “60c. per cwt.,” it seems not difficult to reach the conclusion that the previous prices named are also by the hundred weight. If this were doubtful, however, the testimony, removes all doubt when it shows without dispute that such goods are always sold by the pound and the prices fixed either by the…
2Cases cited3 opinions
- New England Dressed Meat & Wool Co. v. Standard Worsted Co.Massachusetts Supreme Judicial Court · 1896
- Metz v. AlbrechtIllinois Supreme Court · 1869
- Maurin v. LyonSupreme Court of Minnesota · 1897
3Cited by6 opinions
- Baierl v. McTaggartWisconsin Supreme Court · 2001
- Dawson v. GoldammerCourt of Appeals of Wisconsin · 2006
- Dawson v. GoldammerCourt of Appeals of Wisconsin · 2002
- Jackson Hill Coal & Coke Co. v. Merchants Heat & Light Co.Indiana Supreme Court · 1923
- Berry v. Wadhams Oil Co.Wisconsin Supreme Court · 1914
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