Peerless Reaper Co. v. Conway
Wisconsin Supreme Court
APPEAL from, the Circuit Court for Vernon County. In June, 1889, defendant gave the plaintiff company, though its agent at Hillsborough, Wis., a written order for a “No. 6 single reaper,” to be delivered to him at Hills-borough, July 1st following, for which he agreed, on delivery, to execute to plaintiff his two notes, — one for $30, payable October 1, 1889, and the other for $40, payable one year later.
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APPEAL from, the Circuit Court for Vernon County. In June, 1889, defendant gave the plaintiff company, though its agent at Hillsborough, Wis., a written order for a “No. 6 single reaper,” to be delivered to him at Hills-borough, July 1st following, for which he agreed, on delivery, to execute to plaintiff his two notes, — one for $30, payable October 1, 1889, and the other for $40, payable one year later. A reaper was delivered to him by plaintiff at the time and place stipulated in the order, but it is a disputed question of fact in the case;, under the pleadings, whether it was delivered…
1Opinion of the CourtLyon, J.
There can be no doubt that it is no impediment to the bringing of this action, that neither of the notes *625agreed to be given for the price of the reaper would, bad they been given, not have been due when the action was commenced; nor that the measure of damages, if the plaintiff is entitled to recover, is the amount for which the notes were to have been given. It is also clear that the contract requires the notes to be given upon the delivery of the reaper, and the obligation of the defendant to give them is not discharged or affected by the fact (if it be a fact), that the reaper failed to…
2Cited by2 opinions
- Warder, Bushnell & Glessner Co. v. PischerWisconsin Supreme Court · 1901
- Rosenberg v. McKinneyWisconsin Supreme Court · 1909