Milwaukee Carnival Ass'n v. King, Fowle & McGee Co.
Wisconsin Supreme Court
Appeal from a judgment of the superior court of Milwaukee county: Oeeen T. Williams, Judge. This action is brought upon the following contract: “ Milwaukee, April 29,1899. “ To the Milwaukee Carnival Association, City. “ Gentlemen:— We hereby agree to pay to your association the sum of $200.00 as a bonus for the publication of the Official Souvenir Program of the 1899 Carnival, to be paid immediately upon the issuing of the work.
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Appeal from a judgment of the superior court of Milwaukee county: Oeeen T. Williams, Judge. This action is brought upon the following contract: “ Milwaukee, April 29,1899. “ To the Milwaukee Carnival Association, City. “ Gentlemen:— We hereby agree to pay to your association the sum of $200.00 as a bonus for the publication of the Official Souvenir Program of the 1899 Carnival, to be paid immediately upon the issuing of the work. “Yours truly, “ King-Fowle-McGee Co., “ By TI. R. Kino, President. “It is calculated to issue the work not later than June 20, 1899. “ Accepted April 29, 1899. “E.…
1Opinion of the CourtBardeen, J.
Whatever rights defendant secured are ascertainable by and referable to the written contract offered in evidence. The principle is elementary that its terms cannot be added to or suffer diminution by testimony *649of the previous understanding of the parties or of their acts subsequent thereto, where there is no ambiguity. Being in writing, it must be interpreted and construed according to the language used. It is not claimed that its terms were obscure or ambiguous. Hence it was clearly improper to permit evidence to be received of the oral understanding of the parties or as to their personal…
2Cases cited4 opinions
- Vilas v. BundyWisconsin Supreme Court · 1900
- Diefenback v. StarkWisconsin Supreme Court · 1883
- Ranney v. HigbyWisconsin Supreme Court · 1856
- Farnsworth v. BrunquestWisconsin Supreme Court · 1874
3Cited by1 opinion
- Hart v. HartWisconsin Supreme Court · 1903