Sherley v. Peehl
Wisconsin Supreme Court
APPEAL from the Superior Court of MilwcmJcee County. The plaintiffs were copartners, engaged in the business of purchasing and selling liquors at Louisville, Ky., and other points, under the firm name of T. H. Sherley & Co. The defendant resided in Milwaukee. Prior to' March 26, 1889, the defendant had been engaged in business as a traveling salesman for dealers in liquor, and had an established custom and about seventy-five old customers.
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APPEAL from the Superior Court of MilwcmJcee County. The plaintiffs were copartners, engaged in the business of purchasing and selling liquors at Louisville, Ky., and other points, under the firm name of T. H. Sherley & Co. The defendant resided in Milwaukee. Prior to' March 26, 1889, the defendant had been engaged in business as a traveling salesman for dealers in liquor, and had an established custom and about seventy-five old customers. At the date named he entered into negotiations, by correspondence, with the plaintiffs to sell certain brands of whisky and liquors for them, on…
1Opinion of the CourtCassoday, J.
The foregoing statement contains the substance of such portions of the correspondence as constitute the alleged contract upon which this action is based. Being in writing, the only question is as to the true construction of the contract thus made. We agree with the trial court that the sales to Webster Bros, were made by the plaintiffs through the defendant, as their agent, without any request that he should guaranty the payment thereof, and that the plaintiffs accepted such orders without any such guaranty having been required or made. The more difficult question is whether the defendant…
2Cases cited4 opinions
- Mactier's Administrators v. FrithCourt for the Trial of Impeachments and Correction of Errors · 1830
- Washburn v. FletcherWisconsin Supreme Court · 1877
- Matteson v. ScofieldWisconsin Supreme Court · 1871
- Hawkison v. HarmonWisconsin Supreme Court · 1887
3Cited by2 opinions
- Netherwood v. RaymerDistrict Court, W.D. Wisconsin · 1918
- Abrohams v. FreresWisconsin Supreme Court · 1906