McConnell v. Hughes
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Green Lalce County. Tbe plaintiff alleges, in bis complaint, that on tbe 7tb day of February, 1870, be bargained and sold to tbe defendants, eight hundred and fifty-frye and fifty-three-sixtieths bushels of wheat, at tbe agreed price of ten cents per bushel less than tbe Milwaukee price on any day thereafter which he, the said plaintiff, should name; and that, within a few days after the said 7th day of February, he delivered said wheat to…
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APPEAL from tbe Circuit Court for Green Lalce County. Tbe plaintiff alleges, in bis complaint, that on tbe 7tb day of February, 1870, be bargained and sold to tbe defendants, eight hundred and fifty-frye and fifty-three-sixtieths bushels of wheat, at tbe agreed price of ten cents per bushel less than tbe Milwaukee price on any day thereafter which he, the said plaintiff, should name; and that, within a few days after the said 7th day of February, he delivered said wheat to the defendants, at their mill in the city of Berlin, and the defendants received the same, in pursuance of the terms of…
1Opinion of the CourtLyon, J.
The bill of exceptions does not purport to contain all of the evidence.
We cannot, therefore, review the evidence, but must presume that it sustains the findings Of fact by the circuit court. That court having found that the material allegations of the complaint were proved, it follows that if the complaint states a valid cause of action, the plaintiff was entitled to judgment.
We think that the complaint does state a valid cause of ac: tion. It avers that an executory contract for the sale and purchase of wheat was made by the parties, and that, in pursuance thereof, the plaintiff delivered to…
2Cited by15 opinions
- Texas Farm Bureau Cotton Ass'n v. StovallTexas Supreme Court · 1923
- Lyon v. LenonIndiana Supreme Court · 1886
- Weston Paper Mfg. Co. v. Downing Box Co.Court of Appeals for the Seventh Circuit · 1923
- Willett v. SmithMassachusetts Supreme Judicial Court · 1913
- Fromme v. O'DonnellWisconsin Supreme Court · 1905
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