Coman v. Wunderlich
Wisconsin Supreme Court
Appeal from á judgment of the circuit court for Langlade count y: John Goodland, Circuit Judge. Action to recover on contract. The Eastern Manufacturing Company, a dealer in jewelry, through its agent took of the defendant an order for a quantity of merchandise of that character, specifying the articles to be included therein.
Read the full summary
Appeal from á judgment of the circuit court for Langlade count y: John Goodland, Circuit Judge. Action to recover on contract. The Eastern Manufacturing Company, a dealer in jewelry, through its agent took of the defendant an order for a quantity of merchandise of that character, specifying the articles to be included therein. The order contained a provision that defendant had read the same and found it satisfactory; that the entire contract between the parties was expressed therein; that it was not subject to variance by any verbal contract, agreement, or understanding; and that it was not…
1Opinion of the CourtMarshall, J.
Upon the competent evidence this plain, simple issue, only, was for solution in this case: Was the jewelry, sent by the manufacturing company to respondent, such as that described in the written contract ? There was no defense of “fraud, therefore evidence to show that the real contract between the parties was different from that stated in the writing which they signed was improperly received. That is so by an elementary principie so familiar that we need only to suggest it. Parol evidence as to what occurred at the time of or prior to the making of a written contract is not admissible to…
2Cases cited2 opinions
- Standard Manufacturing Co. v. SlotWisconsin Supreme Court · 1904
- Kavanaugh v. City of WausauWisconsin Supreme Court · 1904
3Cited by10 opinions
- Schwenn v. Loraine Hotel Co.Wisconsin Supreme Court · 1961
- Payne v. StateWisconsin Supreme Court · 1929
- Roys v. First National BankWisconsin Supreme Court · 1924
- Ferguson v. TruaxWisconsin Supreme Court · 1907
- Knight v. MooreWisconsin Supreme Court · 1931
5 more not listed; retrieve them via the Exa API.