Amson v. Dreher
Wisconsin Supreme Court
APPEAL from the Circuit Court for Milwaukee County. The plaintiffs are dealers in wine in the city of New York, and the defendant is the proprietor of a beer garden in the city of Milwaukee. In April, 1871, the defendant gave the plaintiffs a verbal order for a quantity of wine.
Read the full summary
APPEAL from the Circuit Court for Milwaukee County. The plaintiffs are dealers in wine in the city of New York, and the defendant is the proprietor of a beer garden in the city of Milwaukee. In April, 1871, the defendant gave the plaintiffs a verbal order for a quantity of wine. He claims that he ordered but one caskj while the plaintiffs claim that he ordered three casks, two of which were to contain 160 gallons at $1.60 per gallon, and the third was to contain 80 gallons at two dollars per gallon. Nothing was paid on account of such purchase when the order was given. The plaintiffs…
1Opinion of the CourtLyon, J.
If the purchaser of goods under an agreement otherwise void by the statute of frauds, accepts a delivery of the goods, or some part of them, either when the agreement is made, or afterwards, such agreement thereby becomes a valid and binding contract. This proposition is too well settled to require the citation of authorities to sustain it.
The plaintiffs’ testimony tended to prove an acceptance of the three casks of wine, by the defendant, in the summer of 1871. This rendered it necessary that the case be submitted to the jury, to find whether there was such an acceptance. If the defendant…
2Cited by8 opinions
- Becker v. HolmWisconsin Supreme Court · 1894
- Bank of River Falls v. German American Insurance Co.Wisconsin Supreme Court · 1888
- Schmidt v. ThomasWisconsin Supreme Court · 1890
- Garton Toy Co. v. Buswell Lumber & Manufacturing Co.Wisconsin Supreme Court · 1912
- Allen v. City of GreenwoodWisconsin Supreme Court · 1912
3 more not listed; retrieve them via the Exa API.