Gibbons v. Grinsel
Wisconsin Supreme Court
APPEAL from the Circuit Court for Ecm Claire County. It appears from the record that, July 28, 1888, Davis & Bankin, as parties of the first part, entered into a written agreement with the parties of the second part, to the effect that they would furnish the ground, put into operation thez-eon a creamery, described, at or near Eau Claire, for the sum of $6,000, payable in cash; that the other subscribers thereto, including the defendant, as parties of the second part,…
Read the full summary
APPEAL from the Circuit Court for Ecm Claire County. It appears from the record that, July 28, 1888, Davis & Bankin, as parties of the first part, entered into a written agreement with the parties of the second part, to the effect that they would furnish the ground, put into operation thez-eon a creamery, described, at or near Eau Claire, for the sum of $6,000, payable in cash; that the other subscribers thereto, including the defendant, as parties of the second part, therein agreed to pay to them or their agent the above amount for said creamery when completed, which was to be done within…
1Opinion of the Court
The following opinion was filed February 24, 1891:
Cassoday, J.
The facts are undisputed. 1. It is claimed that the several signers of the original agreement thereby agreed jointly, but not severally, to pay to Davis & Rankin *369the amount therein specified for the structure, and hence that this action cannot be maintained against the defendant alone. The principal case relied upon by counsel to support this proposition is Ripley v. Crooker, 47 Me. 370; S. C. 74 Am. Dec. 491. In that case the plaintiff and the four defendants were desirous of building a ship,— five sixteenths of which, when…
2Cases cited12 opinions
- Barnes v. . PerineNew York Court of Appeals · 1854
- Landwerlen v. WheelerIndiana Supreme Court · 1886
- Jacobs v. SpaldingWisconsin Supreme Court · 1888
- Lathrop v. KnappWisconsin Supreme Court · 1870
- Trustees of Troy Conference Academy v. NelsonSupreme Court of Vermont · 1852
7 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Wisconsin Marine & Fire Insurance Co. Bank v. WilkinWisconsin Supreme Court · 1897
- Davis & Rankin v. HendrixMissouri Court of Appeals · 1894
- Davis & Rankin Building & Manufacturing Co. v. BoothIndiana Court of Appeals · 1894
- McArthur v. BoardSupreme Court of Iowa · 1903
- Pittsley v. KingSupreme Court of Pennsylvania · 1903
18 more not listed; retrieve them via the Exa API.