Webber v. Roddis
Wisconsin Supreme Court
APPEAL from tlie Circuit Court for Milwaukee County. On the 3d of May, 1868, Roddis executed to one Ashford a contract, by which, for one dollar in hand paid “ and other good and valuable considerations,” he agreed to deliver to Ashford at Milwaukee, on or before the 10th of June following, four watches and a clock, being the same articles previously sold by Ashford to one ’Wermuth; or, on default of such delivery, to pay $590 as the stipulated value of the property.
Read the full summary
APPEAL from tlie Circuit Court for Milwaukee County. On the 3d of May, 1868, Roddis executed to one Ashford a contract, by which, for one dollar in hand paid “ and other good and valuable considerations,” he agreed to deliver to Ashford at Milwaukee, on or before the 10th of June following, four watches and a clock, being the same articles previously sold by Ashford to one ’Wermuth; or, on default of such delivery, to pay $590 as the stipulated value of the property. The contract recites that Ashford, in consideration of this agreement, had that day discontinued an action. against "Wermuth,…
1Opinion of the CourtDowner, J.
At the trial, the defendant .objected to any *66evidence being necessary under the complaint, because it does not state facts sufficient to constitute a cause of action. The complaint is on a contract for the- delivery by the defendant to one Ashford, at Milwaukee, on or before the 10th day of June, 1863, of certain watches and a clock. The plaintiff avers that the contract was assigned to him on the first day of June, and that on the 10th day of June he demanded of the defendant the watches and clock, and he refused to deliver them; and he avers a failure to deliver them “ either to said…
2Cited by3 opinions
- Somers v. McLaughlinWisconsin Supreme Court · 1883
- North Avenue State Bank v. Excelsior Mutual Building & Loan Ass'nWisconsin Supreme Court · 1932
- Opinion No. Oag 59-81, (1981), Wisconsin Attorney General Reports1981