Excelsior Wrapper Co. v. Messinger
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Sheboy-gan county: Michael Kjbwaw, Circuit Judge. Action for damages for breach of alleged contract by the defendant to sell to the plaintiff, upon the plaintiff’s agreement to purchase the same, all the roll-rag paper needed to be used in the plaintiff’s manufacturing business from the 1st day of September, 1899, to the first day of September, 1900, at the price of $1.47J per 100 pounds, delivered at She-boygan.
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Appeal from a judgment of the circuit court for Sheboy-gan county: Michael Kjbwaw, Circuit Judge. Action for damages for breach of alleged contract by the defendant to sell to the plaintiff, upon the plaintiff’s agreement to purchase the same, all the roll-rag paper needed to be used in the plaintiff’s manufacturing business from the 1st day of September, 1899, to the first day of September, 1900, at the price of $1.47J per 100 pounds, delivered at She-boygan. The complaint alleged failure to' deliver, after February 1, 1900, 199,510 pounds needed in its business, and demanded by the…
1Opinion of the CourtDodge, J.
There is but one controverted question of fact in this case, and" that is, "What meaning had the parties in using the expression contained in the contract of August 28, 1899, “what roll-rag paper (same as has been furnished during the last 12 months)” ? That the expression is ambiguous and requires explanation is, of course, obvious at a glance; hence extrinsic evidence was admissible to aid the court in its interpretation; such evidence being, however, confined within certain restrictions. Obviously, by the reference to the preceding year, it became admissible to show what had been done…
2Cases cited18 opinions
- Nash v. TowneSupreme Court of the United States · 1867
- Cold Blast Transp. Co. v. Kansas City Bolt & Nut Co.Court of Appeals for the Eighth Circuit · 1902
- Minnesota Lumber Co. v. Whitebreast Coal Co.Illinois Supreme Court · 1895
- Wells v. . AlexandreNew York Court of Appeals · 1891
- Nilson v. MorseWisconsin Supreme Court · 1881
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3Cited by33 opinions
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- Inglis v. FoheyWisconsin Supreme Court · 1908
- El Dorado Ice & Planing Mill Co. v. KinardSupreme Court of Arkansas · 1910
- Travelers Insurance v. Pierce Engine Co.Wisconsin Supreme Court · 1909
- Kanaskat Lumber & Shingle Co. v. Cascade Timber Co.Washington Supreme Court · 1914
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