Kamps & Sacksteder Drug Co. v. United Drug Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Waupaca county: ByeoN B. Pare, Circuit Judge. Action for damages for breach of a written contract to supply the plaintiff with proprietary- remedies, toilet preparations, etc., known as the “Bexall” products.
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Appeal from a judgment of the circuit court for Waupaca county: ByeoN B. Pare, Circuit Judge. Action for damages for breach of a written contract to supply the plaintiff with proprietary- remedies, toilet preparations, etc., known as the “Bexall” products. The refusal was admitted, and the court on the trial submitted to the jury a single question as to the amount of the damage sustained by the plaintiff, which question was answered by the jury, but the court afterwards granted defendant’s motion for judgment on the uncontradicted evidence, and the plaintiff appeals. The facts appearing…
1Opinion of the Court
WiNsnow, O. J.
In this case it is held:
1. Where one party to an executory contract repudiates it, or puts it out of his power to perform it, the other party may at his option treat it as terminated at once. Merrick v. Northwestern Nat. L. Ins. Co. 124 Wis. 221, 102 N. W. 593; Woodman v. Blue Grass L. Co. 125 Wis. 489, 103 N. W. 236, 104 N. W. 920.
*4152. The involuntary bankruptcy of a party disables'bim from performing bis executory business contracts and is regarded in tbe law as tbe equivalent of a voluntary act, inasmuch as it is tbe result of acts or omissions of tbe bankrupt bimself; benee it…
2Cases cited3 opinions
- Central Trust Co. of Ill. v. Chicago Auditorium Assn.Supreme Court of the United States · 1916
- Woodman v. Blue Grass Land Co.Wisconsin Supreme Court · 1905
- Merrick v. Northwestern National Life InsuranceWisconsin Supreme Court · 1905
3Cited by5 opinions
- Harvey v. GrossmanCourt of Appeals for the Seventh Circuit · 1945
- Johnston v. GrimmSupreme Court of Iowa · 1930
- Washburn-Crosby Co. v. KubiakWisconsin Supreme Court · 1921
- Herde v. Estate of WilliamsWisconsin Supreme Court · 1939
- Checkeway v. Pejepscot Paper Co.Supreme Judicial Court of Maine · 1929