Hess Bros. v. Great Northern Pail Co.
Wisconsin Supreme Court
. Appeal from a judgment of the circuit court for Oconto county: W. B. Quinlan, Circuit Judge; The appeal is from a judgment in favor of the plaintiff for $403.51 and costs, damages resulting from an alleged breach of a contract to deliver a carload of candy pails.
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. Appeal from a judgment of the circuit court for Oconto county: W. B. Quinlan, Circuit Judge; The appeal is from a judgment in favor of the plaintiff for $403.51 and costs, damages resulting from an alleged breach of a contract to deliver a carload of candy pails. On December 13, 1915, a contract was made whereby the defendant agreed-to sell and the plaintiff ‘ agreed to buy plaintiff’s entire requirement of candy pails, approximately five carloads, for the period from January 1,1916, to December 31, 1916, delivery to be made in carload lots, as wanted, payment thirty days net, or two per'…
1Opinion of the CourtJones, J.
The great fluctuations of prices during the last few years have brought about a flood of lawsuits. While such fluctuations have caused great loss to many persons who have contracted to buy or sell goods for future delivery, and while they afford a motive for attempting to avoid the effects of such contracts, they are clearly no cause for their repudiation. There would be little certainty or safety in such business transactions if a contrary rule prevailed.
It is urged by defendant’s counsel that the so-called embargo afforded grounds for refusing to perform the contract. The trial court found…
2Cases cited1 opinion
- Wilbur v. MeansWisconsin Supreme Court · 1920
3Cited by5 opinions
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- Stehli Silks Corp. v. Pettibone-Peabody Co.Wisconsin Supreme Court · 1924