Williams v. Ketchum
Wisconsin Supreme Court
APPEAL from the Circuit Court for Outagamie County. This appeal was taken by the defendant from an order of said court overruling a demurrer to the complaint as not stating a cause of action. The contract declared on is set out in the opinion.
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APPEAL from the Circuit Court for Outagamie County. This appeal was taken by the defendant from an order of said court overruling a demurrer to the complaint as not stating a cause of action. The contract declared on is set out in the opinion. The complaint further alleges the sale and delivery of goods to Dougherty by plaintiffs on the faith of defendant’s said agreement, and before he gave plaintiffs notice that he would not be responsible for further sales ; demand of payment from Dougherty, as the several bills became due, and his failure to pay; that, on &c., plaintiffs and defendant…
1Opinion of the Court
By the Court,
DOWNER, J.
Is there a consideration expressed in the written memorandum set out in the complaint, so as to make it a valid agreement, within the statute of frauds ? The memorandum is as follows: “ I will be responsible for the purchase of goods from Williams, Smith & Co., for A. C. Dougherty or by his order, until I give them notice to the contrary. Chicago, October 9, 1860. (Signed) H. Ketchum.” This is equivalent to saying, if you will sell Dougherty goods, in consideration thereof, I will be responsible for the amount of the sales until notice to the contrary. It has been…
2Cited by4 opinions
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