Brown v. Everhard
Wisconsin Supreme Court
APPEAL from the County Court of Fond du Lao County. Action upon the following contract in writing: “ The Biographical Dictionary and Portrait Gallery of Eminent and Self-made Men of the State of Wisconsin; to be completed in one elegant quarto volume, bound in full morocco; printed on fine toned paper; of about 600 pages, and illustrated with steel engravings. “ The American Biographical Publishing Co., Chicago, Cincinnati and New York.
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APPEAL from the County Court of Fond du Lao County. Action upon the following contract in writing: “ The Biographical Dictionary and Portrait Gallery of Eminent and Self-made Men of the State of Wisconsin; to be completed in one elegant quarto volume, bound in full morocco; printed on fine toned paper; of about 600 pages, and illustrated with steel engravings. “ The American Biographical Publishing Co., Chicago, Cincinnati and New York. “Gentlemen: I agree to take one copy of the above-named work, and to pay you $25 per copy on delivery of the same to my address. A. Everhard. “Address, Ripon,…
1Opinion of the CourtLyon, J.
The proof is that the indorsement on the order for the book, “ If the sketch of Hr. Everhard should not be published, this order is void,” was written a few minutes after the-defendant signed the order, and it is quite apparent that it was so written before or simultaneously with the delivery of the order to the agent of the publishing company. The order and indorsement must therefore be regarded as containing the terms of the original contract, and all of them. If that contract remains in force, there seems to be no doubt of the right of the plaintiff to recover; for it was proved that the…
2Cases cited1 opinion
- Hubbard v. MarshallWisconsin Supreme Court · 1880
3Cited by21 opinions
- Bowman v. WrightNebraska Supreme Court · 1902
- Long v. Pierce CountyWashington Supreme Court · 1900
- Snell v. BrayWisconsin Supreme Court · 1882
- Kelly v. BlissWisconsin Supreme Court · 1882
- Kirch v. DaviesWisconsin Supreme Court · 1882
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