King v. Graef
Wisconsin Supreme Court
'Appeal from a judgment of the' circuit court for Outa-gamie county: Joi-iN GoodlaNd, Circuit Judge. Tbis action was brought to recover damages for breach of warranty. The defendants shipped a carload of potatoes from Hortonville to Watertown in February, 1906, the car arriving at its' destination on Sunday morning, February 9th.
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'Appeal from a judgment of the' circuit court for Outa-gamie county: Joi-iN GoodlaNd, Circuit Judge. Tbis action was brought to recover damages for breach of warranty. The defendants shipped a carload of potatoes from Hortonville to Watertown in February, 1906, the car arriving at its' destination on Sunday morning, February 9th. During the day the agent of the defendants, who was in charge of the car, made an oral agreement with the plaintiff, whereby he agreed to sell the plaintiff the carload of potatoes at fifty-eight cents per bushel. The evidence further tended to show that the agent…
1Opinion of the CourtBakNES, J.
It is well settled that contracts made in violation of the statute forbidding the doing of any business on Sunday are void and cannot be made the basis of a recovery in the law. Pearson v. Kelly, 122 Wis. 660, 664, 100 N. W. 1064; Vinz v. Beatty, 61 Wis. 645, 21 N. W. 187; Thomas v. Hatch, 53 Wis. 296, 10 N. W. 393; Howe v. Ballard, 113 Wis. 375, 89 N. W. 136; Brown v. Gates, 120 Wis. 349, 97 N. W. 221, 98 N. W. 205. Neither can a contract made on Sunday be validated by proving acts tending to show a ratification, because such a contract is void and is not susceptible of ratification.…
2Cases cited11 opinions
- Troewert v. DeckerWisconsin Supreme Court · 1881
- Brown v. GatesWisconsin Supreme Court · 1904
- Northern Supply Co. v. WangardWisconsin Supreme Court · 1903
- Sherry v. MadlerWisconsin Supreme Court · 1905
- Pearson v. KellyWisconsin Supreme Court · 1904
6 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Jacobsen v. WhitelyWisconsin Supreme Court · 1909
- Rosenbush Feed Co. v. GarrisonSupreme Court of Alabama · 1948
- O'Day v. MeyersWisconsin Supreme Court · 1911
- Seifert v. DirkWisconsin Supreme Court · 1921
- Wausau Lumber Co. v. Industrial CommissionWisconsin Supreme Court · 1917
6 more not listed; retrieve them via the Exa API.