Elwell v. Adder Machine Co.
Wisconsin Supreme Court
Appeal from an order of tbe circuit court for Milwaukee ■ county: J. C. Ludwio, Circuit Judge. Tbe appeal is from an order overruling a demurrer to tbe complaint.
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Appeal from an order of tbe circuit court for Milwaukee ■ county: J. C. Ludwio, Circuit Judge. Tbe appeal is from an order overruling a demurrer to tbe complaint. Tbe complaint averred tbat tbe respondent was at all times therein mentioned a citizen and resident of Wisconsin and tbat tbe appellant was a foreign corporation organized and existing under the laws of tbe state of Pennsylvania and engaged in tbe business of selling and repairing a machine called tbe Wales adding machine. January 22, 190Y, in tbe state of Wisconsin, tbe parties entered into a contract in writing which is set forth…
1Opinion of the CourtTimliN, J.
The complaint concedes that the respondent entered into the contract in question and that he failed to perform on his part and withdrew from the contract. The ordinary legal effect of this would be to give rise to a cause of action against him rather than in his favor. But he points us to sec. 1770b, Stats. (1898), as amended by sec. 27, ch. 351, Laws of 1899, sec. 1, ch. 399, Laws of 1901, sec. 1, ch. 434, Laws of 1901, and ch. 506, Laws of 1905, and on these bases his claim that an actionable wrong was first committed against him by the appellant and his withdrawal from the contract in…
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