Seefeld v. Thacker
Wisconsin Supreme Court
Appeal from a judgment of the superior court of Milwaukee county: J. 0. Ludwig, Judge. Action for damages alleged to have been caused by a breach of contract to deliver a car load of oranges.
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Appeal from a judgment of the superior court of Milwaukee county: J. 0. Ludwig, Judge. Action for damages alleged to have been caused by a breach of contract to deliver a car load of oranges. Defendants agreed in writing to sell and deliver to plaintiffs, at Milwaukee, "Wisconsin, not later than March 29, 1894, a car load of Florida russet oranges, the car not to contain more than forty boxes of oranges described as No. 128, in consideration of which plaintiffs agreed to pay defendants $1.60 per box for the fruit on board cars a,t the shipping point. ■On the 30th day of March, plaintiffs…
1Opinion of the CourtMarshall, J.
The car of oranges which defendants offered to plaintiffs’ agent, and which the latter offered to accept if the quality of the fruit was made equal to that called for by the contract, was No. 3,800. On the subject of damages, proof was made, against defendants’ objection, of the number of boxes of oranges in an ordinary car; and this is alleged as error, on the ground that the proof should have been of the number in car No. 3,800. This turns on whether car No. 3,800 was the one called for by the contract as originally made or subsequently modified. The original contract did not call for any…
2Cases cited2 opinions
- Winn v. PeckhamWisconsin Supreme Court · 1877
- Rockwell v. Mutual Life Insurance Co. of WisconsinWisconsin Supreme Court · 1868
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