Sliter v. Creek View Cheese Factory
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Eau Claire county: James Wickham, Circuit Judge. Action to recover $525, the purchase price of one number 40 Shar.ples steam turbine whey separator, one 4,000-pound supply tank, one American jet and the necessary pipe and fittings therefor installed in defendant’s cheese factory.
Read the full summary
Appeal from a judgment of the circuit court for Eau Claire county: James Wickham, Circuit Judge. Action to recover $525, the purchase price of one number 40 Shar.ples steam turbine whey separator, one 4,000-pound supply tank, one American jet and the necessary pipe and fittings therefor installed in defendant’s cheese factory. The contract on behalf of plaintiff’s assignor, the Sharpies Separator Company, was negotiated by one of its traveling salesmen, D. E. Owen, who obtained from defendant the following order: Sales. . 7/6/18. The Sharpleé Separator Co. West Chester, Pa. Ship to Creek View…
1Opinion of the CourtVinje, J.
The evidence is quite satisfactory that defendant had consented to the substitution of plaintiffs in place of the Sharpies Separator Company as the owner of the' contract and the parties who were to install the machinery. Its defense in that respect is therefore not well taken. On the other issues litigated the verdict is well sustained by the evidence. It appears that it was not till October. 30, 1918, that plaintiffs offered to install. On the 17th of that month, after repeated failures by plaintiffs to install as promised, defendant wrote them that'if they did not install by the 21st the…
2Cases cited4 opinions
- School District v. HayneWisconsin Supreme Court · 1879
- Davis v. HubbardWisconsin Supreme Court · 1877
- Jung Brewing Co. v. KonradWisconsin Supreme Court · 1908
- J. B. Bradford Piano Co. v. HackerWisconsin Supreme Court · 1916
3Cited by1 opinion
- Dermer v. FaunceCourt of Appeals of Maryland · 1948