Exhaust Ventilator Co. v. Chicago, Milwaukee & St. Paul Railway Co.
Wisconsin Supreme Court
APPEAL from the County Court of Milwaukee County. The case is sufficiently stated in the opinion. They contended that a contract for the sale 'of goods on approval cannot be rescinded by the vendee without a return or offer to return the property. Benjamin on Sales, sec. 595; Paige v. McMillan, 41 Wis. 337, 340; Gammon v. Abrams, 53 id. 323, 327; First Nat.
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APPEAL from the County Court of Milwaukee County. The case is sufficiently stated in the opinion. They contended that a contract for the sale 'of goods on approval cannot be rescinded by the vendee without a return or offer to return the property. Benjamin on Sales, sec. 595; Paige v. McMillan, 41 Wis. 337, 340; Gammon v. Abrams, 53 id. 323, 327; First Nat. Bk. v-. Larsen, 60 id. 206, 217; 2 Schouler on Real Pr. secs. 308, 312; Humphries v. Carvalho, 16 East, 45; Story on Sales, secs. 128-130; Dewey v. Erie Borough, 14 Pa. St. 211; Hartford Sorghum, etc. Co. v. Brush, 48 Yt. 528; Johnson v.…
1Opinion of the CourtOrton, J.
The written contract upon which this suit was brought was as follows, to wit: “ I agree to furnish C., M. & St. P. N’y Oo. three 60-inch Blackman’s exhaust fans, for their blacksmith shop in South Minneapolis, for the sum of $600, and guaranty that they will exhaust the smoke and gases in a satisfactory manner; if not, we will furnish a sufficient number to do the work without extra charge. The same not to be paid for until satisfactory to the C., M. & St. P. N’y Co. [Signed] Thomas Phillips, Agent.” Which proposition was then and there accepted in. writing at the foot of it, as follows:…
2Cases cited8 opinions
- Hunt v. WymanMassachusetts Supreme Judicial Court · 1868
- Daggett & Graves v. JohnsonSupreme Court of Vermont · 1877
- Exhaust Ventilator Co. v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1886
- McCormick Harvesting Machine Co. v. ChesrownSupreme Court of Minnesota · 1884
- Phelps v. WhitakerMichigan Supreme Court · 1877
3 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Mulcahy v. DieudonneSupreme Court of Minnesota · 1908
- Warder v. WhitishWisconsin Supreme Court · 1890
- Snouffer v. City of TiptonSupreme Court of Iowa · 1913
- W. W. Kimball Co. v. MasseySupreme Court of Minnesota · 1914
- Frey-Sheckler Co. v. Iowa Brick Co.Supreme Court of Iowa · 1898
4 more not listed; retrieve them via the Exa API.