Pierce v. Jung
Wisconsin Supreme Court
APPEAL PROM circuit COURT, MILWAUKEE COUNTY. This case comes before the court on an appeal from a judgment of the circuit court of Milwaukee county. The plaintiff, John D. Pierce, filed his declaration under the old practice in debt, upon a contract, the substance of which is stated in the opinion of the court.
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APPEAL PROM circuit COURT, MILWAUKEE COUNTY. This case comes before the court on an appeal from a judgment of the circuit court of Milwaukee county. The plaintiff, John D. Pierce, filed his declaration under the old practice in debt, upon a contract, the substance of which is stated in the opinion of the court. The defendant, Adelbert Jung, demurred, “ That the undertaking or agreement in said declaration mentioned, so far as the same is for the payment of money, is collateral, and debt does not lie. The amount stipulated to be paid by said agreement, is in terms a penalty, and is not…
1Opinion of the Court
By the Court,
Paine, J.
This was an action brought by the respondent against the appellant, for a sum claimed as stipulated damages, for failure to perform an agreement for the sale of a stock of goods, by the appellant to the respondent, By the agreement an inventory was to be taken, the vendee was to pay one-fourth of the amount down, and to execute and deliver to the vendor, three notes, secured by a chattel mortgage on the goods, one to be for $1800, the second for $1200, and the third for the balance. The agreement also contained the following provision: “ And it is expressly agreed that…
2Cited by12 opinions
- Lyman v. BabcockWisconsin Supreme Court · 1876
- Seeman v. BiemannWisconsin Supreme Court · 1900
- Nilson v. JonesboroSupreme Court of Arkansas · 1893
- Berrinkott v. TraphagenWisconsin Supreme Court · 1875
- DeGraff, Vrieling & Co. v. WickhamSupreme Court of Iowa · 1892
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