J. H. Silkman Lumber Co. v. Hunholz
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Milwaukee county: ObREN T. Williams, Circuit Judge. Action to recover on an alleged executed verbal contract for tbe sale of a quantity of lumber .at $22 per thousand feet, amounting to $275. Tbe issue was respecting whether a contract for a sale of lumber by plaintiff to defendant was made which was binding on the latter under the statute of frauds.
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Appeal from a judgment of tbe circuit court for Milwaukee county: ObREN T. Williams, Circuit Judge. Action to recover on an alleged executed verbal contract for tbe sale of a quantity of lumber .at $22 per thousand feet, amounting to $275. Tbe issue was respecting whether a contract for a sale of lumber by plaintiff to defendant was made which was binding on the latter under the statute of frauds. Defendant denied the alleged sale and. claimed-that if the pretended contract sued upon was made it was wholly verbal and never progressed beyond an agreement, executory on both sides, and so was…
1Opinion of the CourtMakskaxl, J.
As we view this ease the exceptions presenting the question of whether there was any evidence tending to show that the alleged verbal agreement for a sale of the lumber was so far executed as to render it binding upon appellant are all that need be considered. The value of the property involved being over $50, a verbal sale thereof was not effective unless characterized by the buyer receiving and accepting the property or some part thereof under the contract, since no claim is made that any payment was made on such contract. Sec. 2308, Stats. (1898).
The evidence shows without serious, if any,…
2Cases cited6 opinions
- Caulkins v. . HellmanNew York Court of Appeals · 1872
- Cooke v. . MillardNew York Court of Appeals · 1875
- Stone v. . BrowningNew York Court of Appeals · 1872
- Snider v. ThrallWisconsin Supreme Court · 1883
- Dorsey v. PikeNew York Supreme Court · 1889
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Charlotte Harbor & Northern Railway Co. v. BurwellSupreme Court of Florida · 1908
- Deitrick v. SinnottSupreme Court of Iowa · 1920
- Friedman v. PlousWisconsin Supreme Court · 1914
- Garton Toy Co. v. Buswell Lumber & Manufacturing Co.Wisconsin Supreme Court · 1912
- Floody v. Great Northern Railway Co.Supreme Court of Minnesota · 1908
4 more not listed; retrieve them via the Exa API.