Racine Shoe Manufacturing Co. v. Badger Manufacturing Co.
Wisconsin Supreme Court
Appeal from an order of the circuit court for Racine ■county: E. B. Beldeh, Circuit Judge. This is an action to recover upon contract. It appears from the complaint that plaintiff, defendant, and the Jones-Earl Shoe Company are duly organized corporations.
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Appeal from an order of the circuit court for Racine ■county: E. B. Beldeh, Circuit Judge. This is an action to recover upon contract. It appears from the complaint that plaintiff, defendant, and the Jones-Earl Shoe Company are duly organized corporations. The •complaint alleges that the defendant entered into a contract with the Jones-Earl Shoe Company on October 18, 1901, for the manufacture and sale by the latter of 20,000 pairs and upwards of russet shoes for the use of the army of the United States, delivery thereof to be made in the city of Chicago, Illinois, to the quartermaster’s…
1Opinion of the CourtSiebeckbb, J.
The demurrer to the two causes of action alleged in the complaint calls for an interpretation of the contracts upon which plaintiff relies for a recovery. The defend*97ant insists tbat plaintiff is precluded from enforcing payment for any of tbe goods delivered under tbe contracts, because its assignor omitted to perform its part of tbe contracts by failing to manufacture and deliver all tbe shoes called for in tbe agreements. Tbis claim is made on tbe ground tbat tbe agreements clearly sbow and express tbe, intention tbat nothing should become due under tbe contracts for a delivery of any…
2Cases cited5 opinions
- Jacobs v. SpaldingWisconsin Supreme Court · 1888
- Hoffman v. KingWisconsin Supreme Court · 1888
- Goodwin v. MerrillWisconsin Supreme Court · 1861
- Schweickhart v. StueweWisconsin Supreme Court · 1888
- Ornstein v. Yahr & Lange Drug Co.Wisconsin Supreme Court · 1903