Bates v. Chesebro
Wisconsin Supreme Court
APPEAL from the Circuit Court for Rode County. Action for a breach of an alleged oral contract for the sale and delivery by defendant to plaintiff of a quantity of broom corn.
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APPEAL from the Circuit Court for Rode County. Action for a breach of an alleged oral contract for the sale and delivery by defendant to plaintiff of a quantity of broom corn. The complaint alleges that the contract was made about December 14, 1868, and the corn was to be delivered before April 1,1869 ; that plaintiff was to pay, and did pay, $47 at the making of the agreement, which amount defendant received as a payment upon said agreement; and that the balance of the purchase money, except $500 thereof, was to be paid on the delivery of the corn, and said $500 on the 1st of April, 1869.…
1Opinion of the CourtCole, J.
The counsel for the defendant objects to the portion of the charge which was excepted to on the trial, as to the effect of the payment 'of $47 on the 14th of December upon the transaction for the sale of the broom corn. The circuit court in effect told the jury that if they found that this $47 was paid on the purchase price of- the broom corn ; and if they found the facts about that payment substantially as stated by the plaintiff; that the parties knew and understood that the previous parol arrangement was not binding; and that the money was paid and received to make a binding contract, —…
2Cases cited3 opinions
- Bates v. ChesebroWisconsin Supreme Court · 1873
- Allis v. . ReadNew York Court of Appeals · 1871
- Paine v. FultonWisconsin Supreme Court · 1874
3Cited by4 opinions
- Kerkhof v. Atlas Paper Co.Wisconsin Supreme Court · 1887
- Hanson v. RoterWisconsin Supreme Court · 1885
- Crosby Hardwood Co. v. TresterWisconsin Supreme Court · 1895
- Brooks v. Jamesville & Washington RailroadSupreme Court of North Carolina · 1894