Hazer v. Streich
Wisconsin Supreme Court
Appeal from a judgment of the county court of Winnebago county: 0. D. Cleveland, Judge. • The plaintiff sued to recover the balance of the purchase price of a quantity of lumber sold and delivered by his intestate to the defendant.
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Appeal from a judgment of the county court of Winnebago county: 0. D. Cleveland, Judge. • The plaintiff sued to recover the balance of the purchase price of a quantity of lumber sold and delivered by his intestate to the defendant. The defendant answered, claiming ■that he purchased the lumber at specified prices but on the agreement to pay for the same in wagons, carts, sleighs, •etc., at market prices, whenever plaintiff should order them, and that he had been at all times ready to pay for the same in that way, but that plaintiff had never requested or ordered such wagons, carts, etc., to…
1Opinion of the CourtWINSlow, J.
The important q uestion in the case is whether the memorandum of the contract made by Mrs. Streich was admissible in evidence. It was first offered in evidence during the examination of-Mrs. Streich, and we are clearly of opinion that it was not then admissible. All that had then appeared in reference to it was that Mrs. Streich was her husband’s bookkeeper, and that she had written it down in the ledger at his direction, in presence of the parties. It is very clear that it was not admissible as a book of account under the statute, because it is neither a charge nor a credit nor an entry that…
2Cases cited1 opinion
- Hill v. StateWisconsin Supreme Court · 1864
3Cited by8 opinions
- Havenor v. StateWisconsin Supreme Court · 1905
- Pacific Export Co. v. North Pacific Lumber Co.Oregon Supreme Court · 1905
- Dahl v. H. C. Crook Realty Co.Wisconsin Supreme Court · 1932
- Citizens State Bank v. State BankNebraska Supreme Court · 1924
- Deatherage v. PetruschkeSupreme Court of Minnesota · 1908
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