Gibbons v. Ellis
Wisconsin Supreme Court
APPEAL from the Circuit Court for Eau Claire County. The defendant, J. F. Ellis, and some forty others, subscribed a fund to erect a creamery at or near the city of Eau Claire, to cost $6,000. That subscription: contained a contract with Davis & Eankin (who executed the same) to the effect that for such subscription they would erect a creamery building according to certain plans and specifications, and would furnish a specified quantity of land upon which to erect it, and…
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APPEAL from the Circuit Court for Eau Claire County. The defendant, J. F. Ellis, and some forty others, subscribed a fund to erect a creamery at or near the city of Eau Claire, to cost $6,000. That subscription: contained a contract with Davis & Eankin (who executed the same) to the effect that for such subscription they would erect a creamery building according to certain plans and specifications, and would furnish a specified quantity of land upon which to erect it, and certain specified machinery, outfit, and appliances with which to operate it. The contents of this instrument are very…
1Opinion of the CourtLyon, C. J.
1. The first defense, to wit, the failure of Davis & Eankin to furnish the land, creamery building, outfit, and appliances.stipulated for in the contract, is without merit. The contract was modified in some particulars in the interest of the subscribers to the fund, by general consent, or at least acquiescence, of the parties interested. Davis & Eankin performed the same as modified, in good faith, and the subscribers, acting collectively as a corporation, accepted the property, without objection from any source, as a compliance by Dávis & Eankin with the terms of their contract. The…
2Cases cited3 opinions
- Campbell v. ThomasWisconsin Supreme Court · 1877
- Gibbons v. GrinselWisconsin Supreme Court · 1891
- Taylor v. CoonWisconsin Supreme Court · 1891
3Cited by5 opinions
- Pioneer Savings & Loan Co. v. BartschSupreme Court of Minnesota · 1892
- Curry v. ColburnWisconsin Supreme Court · 1898
- Marshall & Ilsley Bank v. Milwaukee Gear Co.Wisconsin Supreme Court · 1974
- First National Bank of Fairchild v. HizerWisconsin Supreme Court · 1926
- Russell v. Superior Journal Co.District Court, W.D. Wisconsin · 1942