Komorowski v. Krumdick
Wisconsin Supreme Court
APPEAL from the Circuit Court for Trenvpealeau County. The case is thus stated by Mr. Justice Taylob : “ This action was commenced in a justice’s court to recover the value of about 180 bushels of wheat which the x plaintiff alleges he sold and delivered to' the defendants some time in February, 1878. The complaint states that the agreement was that the defendants were to pay the market price for said wheat at any time the plaintiff should call for his money; that subsequent…
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APPEAL from the Circuit Court for Trenvpealeau County. The case is thus stated by Mr. Justice Taylob : “ This action was commenced in a justice’s court to recover the value of about 180 bushels of wheat which the x plaintiff alleges he sold and delivered to' the defendants some time in February, 1878. The complaint states that the agreement was that the defendants were to pay the market price for said wheat at any time the plaintiff should call for his money; that subsequent to said sale, and before the commencement of this action, the plaintiff demanded his pay for said wheat, and that the…
1Opinion of the CourtTaylob, J.
The evidence may have a tendency to prove three things: First, that the plaintiff sold his- wheat to Grist as the agent of the defendants upon credit; second, that he did not sell it to any one except as to the forty bushels for which he received his pay; and, third, that he sold it to Grist upon the terms set out in the complaint. If the learned circuit judge was right in his construction of the checks given to the plaintiff by Grist, that they were evidence of a sale, and not that the wheat was delivered to Grist in store for the plaintiff, the price to be fixed by the market price at some…
2Cases cited7 opinions
- Schimmelpennich v. BayardSupreme Court of the United States · 1828
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- Vassau v. ThompsonWisconsin Supreme Court · 1879
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