Hodson v. Carter
Wisconsin Supreme Court
ERROR to the Circuit Court for Bock County. This was an action of assumpsit brought in justice’s court by Hodson against Carter to recover damages for the nondelivery of four hundred bushels of barley, as specified in the written agreement set out in the opinion of this court, and the plaintiff had judgment for damages, from which the defendant appealed to the circuit court.
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ERROR to the Circuit Court for Bock County. This was an action of assumpsit brought in justice’s court by Hodson against Carter to recover damages for the nondelivery of four hundred bushels of barley, as specified in the written agreement set out in the opinion of this court, and the plaintiff had judgment for damages, from which the defendant appealed to the circuit court. At the trial in that court, the said written agreement was put m evidence, and oral evidence was given, showing that Hodson was the proprietor of the Janes-ville brewery at the time the contract was made, and that the…
1Opinion of the CourtHowe, J.
This was an action of assumpsit, wherein the plaintiff in error sought to recover of the defendant in error, damages for the nondelivery of 400 bushels of barley. Upon the trial of the cause in the circuit court for Rock county, the plaintiff introduced as evidence of the agreement, a writing, of which the following is a copy, viz:
“ Janesville Brewery, Sept. 13,1847.
“ Agreed with A. M. Carter for 400 bushels of good barley, at 30 cents per bushel, to be delivered in December next; the undersigned, A. M. Carter, agreeing to deliver the same to William Hodson. A. M. Carter.”
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2Cases cited2 opinions
- Clason v. BaileyCourt for the Trial of Impeachments and Correction of Errors · 1817
- Davis v. ShieldsNew York Supreme Court · 1841
3Cited by3 opinions
- Lowber v. ConnitWisconsin Supreme Court · 1874
- Houghton v. MilburnWisconsin Supreme Court · 1882
- Goodell v. SanfordMontana Supreme Court · 1904