Netherwood v. Raymer
District Court, W.D. Wisconsin
" At Raw. Action hy Harry C„ Netherwood against George W. Raymer. On July 1, 1911, the defendant sold to the plaintiff 28 shares of the capital stock of the Democrat Printing Company. The purchase price was §65,000, of which 35,000 was paid in cash, and 10 notes for §6,000 each, payable at the Capital City Bank of Madison, Wis., on or before 10 years from date, were given for the balance.
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" At Raw. Action hy Harry C„ Netherwood against George W. Raymer. On July 1, 1911, the defendant sold to the plaintiff 28 shares of the capital stock of the Democrat Printing Company. The purchase price was §65,000, of which 35,000 was paid in cash, and 10 notes for §6,000 each, payable at the Capital City Bank of Madison, Wis., on or before 10 years from date, were given for the balance. The 23 shares of stock were pledged as collateral io tho notes, and the collateral contract contained an insecurity clause, whereby the defendant, at any time when he deemed the debt insecure, could sell the…
1Opinion of the CourtCarpenter, District Judge
(after stating the facts as above). [ 1 ] The determination of this case depends entirely upon the construction to be given to the defendant’s letter of March 14, 1914, and the plaintiff’s reply, posted at Madison, Wis., on March 21, 1914, the date when he received the defendant’s letter. If there was a contract made, it was consummated hy the mailing of the letter by plaintiff at Madison, Wis., properly addressed to the defendant at Pasadena, Cal.
“Dor it is well settled, in England and this country, that' when a proposal for a contract is made by letter, sent by mail, the deposit of a letter…
2Cases cited12 opinions
- Liverpool & Great Western Steam Co. v. Phenix InsuranceSupreme Court of the United States · 1889
- Curtis Land & Loan Co. v. Interior Land Co.Wisconsin Supreme Court · 1908
- Kreutzer v. LynchWisconsin Supreme Court · 1904
- Baker v. HoltWisconsin Supreme Court · 1882
- North-Western Iron Co. v. MeadeWisconsin Supreme Court · 1867
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3Cited by4 opinions
- Hogue-Kellogg Co. v. G. L. Webster Canning Co.Court of Appeals for the Fourth Circuit · 1927
- Security Holding Co. v. ChristensenSouth Dakota Supreme Court · 1928
- Carmen v. Fox Film Corp.District Court, S.D. New York · 1919
- Miller v. CommissionerUnited States Board of Tax Appeals · 1933