Drummond v. Huyssen
Wisconsin Supreme Court
APPEAL from the Circuit Court for Eau Clavre County. Action for the value of goods alleged to have been sold to the defendant and delivered at his request to one Eastabrook. The trial was before a referee, upon whose findings and report judgment was rendered in favor of the defendant; and the plaintiff appealed. The errors alleged will sufficiently appear from the opinion.
1Opinion of the CourtTaylor, J.
The only question in this case which is properly before this court, is, whether there is sufficient evidence to sustain the judgment.
The controversy on the trial in the court below was, whether the goods, for the recovery of the value of which this action was brought, were sold to the defendant, or to one William B. *189Eastabrook. The allegation in the complaint is, that the goods were delivered to Eastabrook upon the verbal request of the defendant and upon his promise to pay for the same, made before the delivery thereof; and that, relying solely upon such promise of the defendant, the goods…
2Cases cited3 opinions
- Ely v. DailyWisconsin Supreme Court · 1876
- Gilbank v. StephensonWisconsin Supreme Court · 1872
- McDonnell v. SchrickerWisconsin Supreme Court · 1878
3Cited by2 opinions
- James v. CutlerWisconsin Supreme Court · 1882
- Berning v. GieseWisconsin Supreme Court · 1957