Engeldinger v. Stevens
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Eau Claire county: James O’Neill, Circuit Judge. Tbe defendant, a dealer in wood at Eau Claire, having learned about April 7th that tbe plaintiff, residing at Durand, had maple wood for sale, and that his price was “$5.25 per cord, f. o. b.
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Appeal from a judgment of tbe circuit court for Eau Claire county: James O’Neill, Circuit Judge. Tbe defendant, a dealer in wood at Eau Claire, having learned about April 7th that tbe plaintiff, residing at Durand, had maple wood for sale, and that his price was “$5.25 per cord, f. o. b. Durand, Wisconsin, cash with order,” and having at intervals of a few days ordered and received two carloads of such wood, the last shipped about April 22d and preceded by letter of April 21st from plaintiff, explaining that his shipments were dependent upon ability to get cars, and saying further, “Can…
1Opinion of the CourtDodge, J.
Tbe delivery of merchandise in tbe manner and at tbe place specified in a written order constitutes an executed sale and warrants recovery of tbe price. Murphy v. Sagola L. Co. 125 Wis. 363, 103 N. W. 113; Fountain City D. Co. v. Peterson, 126 Wis. 512, 106 N. W. 17. Tbe findings declare such acts to have been performed by tbe plaintiff, and they are clearly supported by tbe evidence. Tbe right of tbe plaintiff to recover is therefore clear, unless cancellation of tbe order bad been communicated to him, or some one authorized to receive it on bis behalf, before such delivery. Washburn v.…
2Cases cited4 opinions
- Washburn v. FletcherWisconsin Supreme Court · 1877
- Murphy v. Sagola Lumber Co.Wisconsin Supreme Court · 1905
- Fountain City Drill Co. v. PetersonWisconsin Supreme Court · 1906
- L. J. Mueller Furnace Co. v. MeiklejohnWisconsin Supreme Court · 1904
3Cited by5 opinions
- Badger State Lumber Co. v. G. W. Jones Lumber Co.Wisconsin Supreme Court · 1909
- Richards v. Manitowoc & Northern Traction Co.Wisconsin Supreme Court · 1909
- Felt & Tarrant Manufacturing Co. v. Northwestern Egg & Poultry Co.Wisconsin Supreme Court · 1922
- Sussman v. GustavWashington Supreme Court · 1920
- Allen v. City of GreenwoodWisconsin Supreme Court · 1912