Klueter v. Joseph Schlitz Brewing Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Dane county: E. Rat SteveNS, Circuit Judge. Action to recover on contract a balance claimed to be due on a sale of ice. The complaint is to this effect: Plaintiff contracted to sell defendant ice at thirty cents per ton delivered on cars on the Chicago & Northwestern Railway at Madison, Wisconsin, and then shipped as directed by defendant and at its expense.
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Appeal from a judgment of the circuit court for Dane county: E. Rat SteveNS, Circuit Judge. Action to recover on contract a balance claimed to be due on a sale of ice. The complaint is to this effect: Plaintiff contracted to sell defendant ice at thirty cents per ton delivered on cars on the Chicago & Northwestern Railway at Madison, Wisconsin, and then shipped as directed by defendant and at its expense. Pursuant to such contract, in March, 1909-, plaintiff delivered' ice free on board on such road which was in due course received by defendant at destinations as ordered by it, whereby it…
1Opinion of the CourtMaeshall, J.
Tbe first error assigned is that tbe contract was in writing, therefore parol evidence thereof was improperly admitted.
It may well be admitted, for tbe purposes of this case, that tbe contract was in writing. • Tbe trial court, as we understand tbe record, so held and admitted evidence to aid in construing tbe language used in tbe paper.
It is argued at considerable length that tbe agreement is: unambiguous, looking at tbe words thereof only, and that there is no room for operation of rules for construction. It seems to be thought that, unless ambiguity can be discovered in tbe language of tbe…
2Cases cited14 opinions
- Nash v. TowneSupreme Court of the United States · 1867
- Merriam v. United StatesSupreme Court of the United States · 1883
- Huber v. MartinWisconsin Supreme Court · 1906
- Ganson v. MadiganWisconsin Supreme Court · 1862
- Nilson v. MorseWisconsin Supreme Court · 1881
9 more not listed; retrieve them via the Exa API.
3Cited by46 opinions
- Murphy v. DilworthTexas Supreme Court · 1941
- First Nat. Bank of Amarillo v. RushTexas Commission of Appeals · 1919
- Ball v. Stokely Foods, Inc.Washington Supreme Court · 1950
- George C. Peterson Co. v. County of IowaWisconsin Supreme Court · 1923
- King v. City of DallasCourt of Appeals of Texas · 1964
41 more not listed; retrieve them via the Exa API.