Wiener v. Whipple
Wisconsin Supreme Court
APPEAL from the County Court of Dodge County. The case is thus stated by Mr. Justice Taylor: “This action was brought to recover for a breach of contract for the purchase of 300 bushels of barley, which plaintiff alleges he bought of the defendant, and which the defendant refused to deliver according to the terms of the contract.
Read the full summary
APPEAL from the County Court of Dodge County. The case is thus stated by Mr. Justice Taylor: “This action was brought to recover for a breach of contract for the purchase of 300 bushels of barley, which plaintiff alleges he bought of the defendant, and which the defendant refused to deliver according to the terms of the contract. The eyidence shows that, at the time of the alleged sale, the defendant, who was a farmer, had in his possession, on his farm, about 300 bushels of barley which he desired to sell, and that this fact was made known to the plaintiff; and that the father of the…
1Opinion of the CourtTatlor, J.
The case presents this question: Was it competent for the plaintiff, after having made and signed the writing above set forth, to show by parol that the purchase was a purchase by sample? The respondent testified. that after he made the purchase of the agent of the appellant, he paid the $25, and then took out his memorandum book, and wrote the above-quoted memorandum therein, which was signed by himself and the agent of the appellant. The respondent kept' the memorandum in his possession. On the part of the learned counsel for the appellant it is urged, that this writing is in itself a…
2Cases cited6 opinions
- Hubbard v. MarshallWisconsin Supreme Court · 1880
- Lowber v. ConnitWisconsin Supreme Court · 1874
- Whiting v. GouldWisconsin Supreme Court · 1853
- Peet v. Chicago & North-Western Railway Co.Wisconsin Supreme Court · 1865
- Peet v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1866
1 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Harrison v. McCormickCalifornia Supreme Court · 1891
- Union Selling Co. v. JonesCourt of Appeals for the Eighth Circuit · 1904
- Dowagiac Manufacturing Co. v. MahonNorth Dakota Supreme Court · 1904
- Jackowski v. Illinois Steel Co.Wisconsin Supreme Court · 1899
- Graham v. EisznerAppellate Court of Illinois · 1888
17 more not listed; retrieve them via the Exa API.