Guetzkow Bros. v. A. H. Andrews & Co.
Wisconsin Supreme Court
Appeal from a judgment of the superior court of Milwaukee county: R. N. Austin, Judge. This action was brought by plaintiff to recover $1,978, alleged to be due from the defendant for show cases and other articles manufactured for it, which articles it had contracted to furnish exhibitors at the "World’s Fair.
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Appeal from a judgment of the superior court of Milwaukee county: R. N. Austin, Judge. This action was brought by plaintiff to recover $1,978, alleged to be due from the defendant for show cases and other articles manufactured for it, which articles it had contracted to furnish exhibitors at the "World’s Fair. The answer of the defendant contained a denial of liability, and set up as a defense that the articles were not constructed or furnished according to the contract, and were not reasonably worth the contract price, or as much as the payments that had been made. It counterclaimed for the…
1Opinion of the CourtMaeshall, J.
There is no controversy but that the findings of fact warrant the judgment that was entered, and it seems clear that, waiving the question of whether they are supported by the evidence, in respect to the determination that the contract between the parties was substantially complied with, appellant is not entitled to prevail on this appeal unless the rule for which it contends — that is, that it is entitled to recover the loss of profits, amounting to from 100 to 150 per cent.— should have been adopted by the trial court. The evidence was taken on appellant’s theory, but at the close of the…
2Cases cited12 opinions
- Booth v. . Spuyten Duyvil Rolling Mill Co.New York Court of Appeals · 1875
- Messmore v. New York Shot & Lead Co.New York Court of Appeals · 1869
- Bierbach v. Goodyear Rubber Co.Wisconsin Supreme Court · 1882
- Poposkey v. MunkwitzWisconsin Supreme Court · 1887
- Cockburn v. Ashland Lumber Co.Wisconsin Supreme Court · 1882
7 more not listed; retrieve them via the Exa API.
3Cited by56 opinions
- Grupe v. GlickCalifornia Supreme Court · 1945
- Gross v. HeckertWisconsin Supreme Court · 1904
- Seeman v. BiemannWisconsin Supreme Court · 1900
- Ed S. Michelson, Inc. v. Nebraska Tire & Rubber Co.Court of Appeals for the Eighth Circuit · 1933
- Kelley, Maus & Co. v. La Crosse Carriage Co.Wisconsin Supreme Court · 1903
51 more not listed; retrieve them via the Exa API.