Walsh v. Myers
Wisconsin Supreme Court
Appeal from a judgment of the superior court of Milwaukee county: R. N. Austin, Judge. The defendants were manufacturers and shippers of lye and potash, under the name Eagle Lye "Works. The plaintiff was a manufacturer of tinware, under the name F. A. Walsh & Co. The plaintiff had, for a long time, manufactured cans for the defendants, from material furnished by them, for an agreed price, for use in their business.
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Appeal from a judgment of the superior court of Milwaukee county: R. N. Austin, Judge. The defendants were manufacturers and shippers of lye and potash, under the name Eagle Lye "Works. The plaintiff was a manufacturer of tinware, under the name F. A. Walsh & Co. The plaintiff had, for a long time, manufactured cans for the defendants, from material furnished by them, for an agreed price, for use in their business. On August 20, 1889, the parties made a new contract in writing, in the words and figures following: “ Milwaukee, August 20th, 1889. “ Messrs. F. A. Walsh & Oo., City — “ Gentlemen…
1Opinion of the CourtJSTewman, J.
It is urged that the instrument of August 20, 1889, is invalid as a contract, because it does not fix the price to be paid for the cans which were to be manufactured under it, and so was not a completed contract, but only in•choate, ’ leaving most essential terms to be arranged by future agreement. If this is the real effect of the instrument it cannot be deemed a completed contract, nor in force, ■so as to bind the defendants to receive cans from the plaintiff. But it appears that there had been a previous agreement in writing fixing the rate to be paid for such cans as ¿this instrument…
2Cases cited10 opinions
- Nilson v. MorseWisconsin Supreme Court · 1881
- Windmuller v. PopeNew York Court of Appeals · 1887
- Treat v. HilesWisconsin Supreme Court · 1892
- Tufts v. WeinfeldWisconsin Supreme Court · 1894
- Allen v. MurrayWisconsin Supreme Court · 1894
5 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Hanz Trucking, Inc. v. Harris Brothers Co.Wisconsin Supreme Court · 1965
- Excelsior Wrapper Co. v. MessingerWisconsin Supreme Court · 1903
- George J. Meyer Manufacturing Co. v. Howard Brass & Copper Co.Wisconsin Supreme Court · 1945
- McCall Co. v. IcksWisconsin Supreme Court · 1900
- Wickham & Burton Coal Co. v. Farmers Lumber Co.Supreme Court of Iowa · 1920
11 more not listed; retrieve them via the Exa API.