Hooker v. Knab
Wisconsin Supreme Court
APPEAL from the Circuit Court for Milwaukee County. Action upon defendant’s note executed to plaintiffs May 29, 1868, for $375, at six months. The facts set up in the answer were these: In November, 1867, defendant agreed to sell to plaintiffs, and they agreed to purchase of him, two thousand bushels of wheat at $1.80 per bushel, to be delivered during the December or January following.
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APPEAL from the Circuit Court for Milwaukee County. Action upon defendant’s note executed to plaintiffs May 29, 1868, for $375, at six months. The facts set up in the answer were these: In November, 1867, defendant agreed to sell to plaintiffs, and they agreed to purchase of him, two thousand bushels of wheat at $1.80 per bushel, to be delivered during the December or January following. No note or memorandum of this contract was ever made in writing, nor did the plaintiffs at any time receive any part of said wheat or pay any part of the purchase money therefor. At the expiration of the time…
1Opinion of the CourtCole, J.
It must be conceded that the original agreement, which formed the consideration of the note, was void by the express language of the statute. Sec. 3, ch. 107, R. S. It was a parol contract for the sale of two thousand bushels of wheat, at $1.81 per bushel, to be delivered in the future; no part of the wheat being delivered when the contract was made, nor any part of the purchase money paid. It was therefore a purely void contract. It is unnecessary to quote the-language of the statute, as it is familiar to all lawyers and business men of the state. Can it be held, then, that this contract,…
2Cases cited2 opinions
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- Frey v. City of Fond du LacWisconsin Supreme Court · 1869
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- In re GreenDistrict Court, W.D. Wisconsin · 1877
- Massion v. Mt. Sinai CongregationWyoming Supreme Court · 1929
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