Cream City Glass Co. v. Friedlander
Wisconsin Supreme Court
APPEAL from the Circuit Court for Milwaukee County. Action for money had and received. Plaintiff company manufactures glass -at Milwaukee.
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APPEAL from the Circuit Court for Milwaukee County. Action for money had and received. Plaintiff company manufactures glass -at Milwaukee. They entered into the following contract with defendant September 4, 1890: “ Chicago, September 4th, 1890. “ Cream City Glass Com/pany: Sold to you about one hundred and fifty (150) tons Muspratt Bros. & Huntley’s 48 per cent, carbonated soda ash for shipment by steamers from Liverpool, monthly, in about equal parts, during the months of October, November, and December of the current year (about fifty tons monthly), at $1.65 per 100 net, invoice weights,…
1Opinion of the CourtWiNslow, J.
The defendant claimed that he only acted as a broker between the plaintiff and the Liverpool firm for the sale of the soda ash in question, and upon the trial offered much testimony, consisting of letters and telegrams which passed between himself and the plaintiff, and which led up to and finally culminated in the written contract of sale which is set forth in the statement of the case. This testimony was offered for the purpose of showing that defendant acted simply as a broker, and that the contract should be construed simply as a broker’s sold note. This testimony was all rejected by the…
2Cases cited3 opinions
- Churchill v. PriceWisconsin Supreme Court · 1878
- Philadelphia Whiting Co. v. Detroit White Lead WorksMichigan Supreme Court · 1885
- Weston v. McMillanWisconsin Supreme Court · 1877
3Cited by34 opinions
- Harness v. Eastern Oil Co.West Virginia Supreme Court · 1901
- Hakes v. ThayerMichigan Supreme Court · 1911
- Fred W. Wolf Co. v. Monarch Refrigerating Co.Illinois Supreme Court · 1911
- Kilpatrick v. SmithSupreme Court of Iowa · 1945
- United States Shipping Bd. Merchant Fleet Corporation v. HarwoodSupreme Court of the United States · 1930
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