Lamb v. Klaus
Wisconsin Supreme Court
APPEAL from the Circuit Court for Brown County. The plaintiff, Lamb, brought Ms action to recover the price of sMngles sold and delivered under a written agreement with tbe defendant. Tbe answer set up as a counterclaim a mistake in tbe execution of tbe agreement, whereby a stipulation that defendant was to receive ten per cent, interest on all advances made on tbe contract until repaid, was omitted, and asked that tbe agreement might be reformed in this respect.
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APPEAL from the Circuit Court for Brown County. The plaintiff, Lamb, brought Ms action to recover the price of sMngles sold and delivered under a written agreement with tbe defendant. Tbe answer set up as a counterclaim a mistake in tbe execution of tbe agreement, whereby a stipulation that defendant was to receive ten per cent, interest on all advances made on tbe contract until repaid, was omitted, and asked that tbe agreement might be reformed in this respect. Tbe issue upon this counterclaim was previously tried and determined against defendant, and is not embraced in tbe issues from…
1Opinion of the CourtDixon, C. J.
The rules of the common law respecting the validity of usages and their effect and the admissibility of evidence to show them for the purpose of annexing certain customary incidents and qualifications to the contracts of parties, have been long established and are well understood. These rules are fully exemplified by the numerous authorities cited by counsel on both sides in this case, and the general principle on which they rest and the limitations which are placed to the application of that principle are stated very concisely and correctly by the court in Foye v. Leighton, 2 Foster, 75. The…
2Cited by9 opinions
- Ledyard v. HibbardMichigan Supreme Court · 1882
- Thurner Heat Treating Co. v. Memco, Inc.Wisconsin Supreme Court · 1947
- Rylander v. LaursenWisconsin Supreme Court · 1905
- State ex rel. Attorney General v. ConklinWisconsin Supreme Court · 1874
- Clarke v. MaischWisconsin Supreme Court · 1920
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