W. G. Taylor Co. v. Bannerman
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Wau-shara county: Chas. M. Webb, Circuit Judge. Action to recover damages for breaches of contract. The plaintiff was a corporation engaged at Milwaukee in the business of contracting for the sale of stone. Defendants were partners owning a granite quarry of limited capacity at Berlin, in this state. During the year 1898 plaintiff had been selling agent for all the product of the defendants’ quarry upon an agreed commission.
Read the full summary
Appeal from a judgment of the circuit court for Wau-shara county: Chas. M. Webb, Circuit Judge. Action to recover damages for breaches of contract. The plaintiff was a corporation engaged at Milwaukee in the business of contracting for the sale of stone. Defendants were partners owning a granite quarry of limited capacity at Berlin, in this state. During the year 1898 plaintiff had been selling agent for all the product of the defendants’ quarry upon an agreed commission. After some negotiation, indicating a desire to change that relation so that the plaintiff should secure a fixed price to…
1Opinion of the CourtDodge, J.
Appellants’ first position is that the entire contract of February 1, 1899, was void for want of mutuality, for that the plaintiff did not thereby bind itself to purchase any stone or do any other thing. This position we deem untenable. The signature of plaintiff’s name to that paper was obviously for the purpose of acceptance. The presumption is that such signing was done for some purpose, and no other is apparent. If an acceptance, it bound the plaintiff to perform any acts on its part necessarily implied either from those things which defendants were bound to do or from the situation…
2Cases cited5 opinions
- Excelsior Wrapper Co. v. MessingerWisconsin Supreme Court · 1903
- Mueller v. Bethesda Mineral Spring Co.Michigan Supreme Court · 1891
- McCall Co. v. IcksWisconsin Supreme Court · 1900
- Shadbolt & Boyd Iron Co. v. TopliffWisconsin Supreme Court · 1893
- Russell v. Horn, Brannen & Forsyth Manufacturing Co.Nebraska Supreme Court · 1894
3Cited by21 opinions
- Wood v. . Duff-GordonNew York Court of Appeals · 1917
- State v. J. C. Penney Co.Wisconsin Supreme Court · 1970
- Paige v. . FaureNew York Court of Appeals · 1920
- Curtis Land & Loan Co. v. Interior Land Co.Wisconsin Supreme Court · 1908
- Travelers Insurance v. Pierce Engine Co.Wisconsin Supreme Court · 1909
16 more not listed; retrieve them via the Exa API.