Charles Baumbach Co. v. Gessler
Wisconsin Supreme Court
APPEAL from the Circuit Court for Mihoaulcee County. The case is stated in the opinion. The plaintiff appeals from an order setting aside a verdict in its favor and granting a new trial.
1Opinion of the CourtOrton, J.
This action is brought to recover the value of 500,000 catchet wafers (less 200,000 returned) sold and delivered by the plaintiff to the defendant at ninety-four cents per M., making $468.12. The defense set up in the answer is'substantially as follows: The defendant by telephone requested the plaintiff to order from Europe, where they áre manufactured, 500,000 catchet wafers, of a tough and leathery quality, suitable to be used in inclosing a medicine that he had invented and was making, called “Headache Wafers,” and to keep them on hand for the defendant to obtain as he wished to use them…
2Cited by2 opinions
- Trenery v. American Mortgage Co.South Dakota Supreme Court · 1899
- Stoner v. MauWyoming Supreme Court · 1903