Wellauer v. Fellows
Wisconsin Supreme Court
APPEAL from the Circuit Court fov'Kewaunee County. The case is thus stated by Mr. Justice Tayloe: “ This is an action to recover for the balance due the appellants [plaintiffs] on account for goods sold and delivered by them to the respondent.
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APPEAL from the Circuit Court fov'Kewaunee County. The case is thus stated by Mr. Justice Tayloe: “ This is an action to recover for the balance due the appellants [plaintiffs] on account for goods sold and delivered by them to the respondent. “ The evidence on the part of the appellants showed that they were wholesale grocers in the city of Milwaukee, and the respondent a merchant of Ahnapee, in the county of Kewau-nee, and that, at the request of one Yader, a commission man in the city of Milwaukee, with whom the respondent had dealings, the appellants shipped to the respondent, between the…
1Opinion of the CourtTayloR, J.
Ye are very clear that the court erred in directing a nonsuit in this case. It seems to us that there was not only evidence to carry the case to the jury, but that, unexplained, there was evidence upon which the jury must have found for the plaintiffs. The court seems to have labored *108under the impression, that, because the defendant denied in his letter, written long after the goods were received, the authority of Yader to purchase goods upon his account, except for cash, the plaintiffs had made out no cause of action against the defendant. This letter was an unsworn statement of the…
2Cases cited4 opinions
- Ballston Spa Bank v. Marine BankWisconsin Supreme Court · 1862
- Beal v. Park Fire InsuranceWisconsin Supreme Court · 1862
- Paine v. WilcoxWisconsin Supreme Court · 1862
- Cooper v. SchwartzWisconsin Supreme Court · 1876
3Cited by10 opinions
- Harte v. City of Eagle RiverWisconsin Supreme Court · 1970
- Dick v. Equitable Fire & Marine InsuranceWisconsin Supreme Court · 1896
- Estey Organ Co. v. LehmanWisconsin Supreme Court · 1907
- Dreutzer v. BakerWisconsin Supreme Court · 1884
- Barnes v. ShoemakerIndiana Supreme Court · 1887
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