Crawford v. Earl
Wisconsin Supreme Court
APPEAL from the Circuit Court for Jefferson County. The plaintiffs are copartners in the nursery business, and brought this action to recover the price of a quantity of trees alleged to have been sold and delivered by them to the defendant upon his written order therefor, as follows : “ Dec. 23d, 1874. This certifies that I have purchased of Orawford Bros. & Go., through their agent 8. 0. Lamb, the following trees and plants at the prices annexed.
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APPEAL from the Circuit Court for Jefferson County. The plaintiffs are copartners in the nursery business, and brought this action to recover the price of a quantity of trees alleged to have been sold and delivered by them to the defendant upon his written order therefor, as follows : “ Dec. 23d, 1874. This certifies that I have purchased of Orawford Bros. & Go., through their agent 8. 0. Lamb, the following trees and plants at the prices annexed. Said trees and plants to be delivered from tbe nurseries of Crawford Bros. & Co., Waupun, Wis., at Jefferson, in April or May next, to be paid for…
1Opinion of the CourtLyon, J.
1. It is clear that tbe signing of tbe order for the trees by the defendant, the delivery thereof to one of the plaintiffs, and its acceptance by the latter, constitutes a valid contract of purchase and sale between the parties on the terms and conditions expressed in such order. It is also clear that • the defendant failed in his attempt to countermand the order, and that the contract contained therein is binding upon him, unless it is competent for him to show that, prior to or at the time the order was thus given and accepted, the plaintiff Lamb agreed to go to the defendant’s house within…
2Cited by8 opinions
- Hubbard v. MarshallWisconsin Supreme Court · 1880
- Dobbins v. EdmondsMissouri Court of Appeals · 1885
- Boyington v. SweeneyWisconsin Supreme Court · 1890
- Ressequie v. ByersWisconsin Supreme Court · 1881
- Gillmann v. HenryWisconsin Supreme Court · 1881
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