Bacon v. Eccles
Wisconsin Supreme Court
APPEAL from the County Court of Milwaukee County. In 1876 the plaintiffs were partners and merchants in the city of Milwaukee, and the defendants were partners and sugar refiners in the city of Baltimore. One Brewster, a broker, was employed by the defendants to find purchasers for their sugars in the Milwaukee market.
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APPEAL from the County Court of Milwaukee County. In 1876 the plaintiffs were partners and merchants in the city of Milwaukee, and the defendants were partners and sugar refiners in the city of Baltimore. One Brewster, a broker, was employed by the defendants to find purchasers for their sugars in the Milwaukee market. In June of that year, Brewster negotiated a sale on behalf of the defendants, to the plaintiffs, of one hundred barrels of sugar, and immediately sent a telegram to the defendants, which, although abbreviated, was understood by them to mean, that he had an offer from the…
1Opinion of the CourtLyon, J.
The contract stated in the complaint is, that “ the defendants should sell and deliver to the plaintiffs, within a reasonable time, one hundred barrels of ‘ Canton C. O.’ sugar, equal in quality to a certain lot of sugar last previously sold and delivered by the defendants to the plaintiffs,” and that the plaintiffs should pay therefor at the rate per pound, and within the time, therein specified. The last previous sale referred to was in April preceding. It is essential to the plaintiffs’ right of action, that they prove this allegation; and the verdict of the jury in their favor is…
2Cases cited2 opinions
- Morehouse v. ComstockWisconsin Supreme Court · 1877
- Smith v. StollerWisconsin Supreme Court · 1870
3Cited by15 opinions
- Kerkhof v. Atlas Paper Co.Wisconsin Supreme Court · 1887
- Olson v. MayerWisconsin Supreme Court · 1883
- Erving Paper Mills, a Massachusetts Corporation v. Hudson-Sharp MacHine Co., a Wisconsin CorporationCourt of Appeals for the Seventh Circuit · 1964
- Hausman v. NyeIndiana Supreme Court · 1878
- Meyer, Wilson & Co. v. Thompson, De Hart & Co.Oregon Supreme Court · 1888
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