Waldheim v. Miller
Wisconsin Supreme Court
Appeal from a judgment of the superior court of Milwaukee county: J. 0. Ludwig, Judge. This is an action to recover the purchase price of a quantity of furniture sold and delivered by the plaintiffs to one Bliven on the 8th of August, 1894. The action was tried by the court, a jury having been waived. • The facts were, in effect, undisputed, and were mostly settled by the stipulation of the parties.
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Appeal from a judgment of the superior court of Milwaukee county: J. 0. Ludwig, Judge. This is an action to recover the purchase price of a quantity of furniture sold and delivered by the plaintiffs to one Bliven on the 8th of August, 1894. The action was tried by the court, a jury having been waived. • The facts were, in effect, undisputed, and were mostly settled by the stipulation of the parties. From the stipulation and from the finding of fact it appears that Bliven negotiated with the plaintiffs for the purchase on credit of furniture to the amount of $221.25, and that the plaintiffs…
1Opinion of the Court
"WiNSlow, J.
The written guaranty Asued upon was unquestionably a promise to answer for the debt of another, and, in order to be valid, it must be based upon a consideration, which must be expressed in the writing itself. E. S. sec. 2307, subd. 2. If the account of Bliven was an already existing indebtedness, then there was n'o consideration for Miller's promise, and it would be worthless. If, on the other hand, the promise was first given and the goods were delivered on the faith of that promise, there would be a consideration which would support the promise, if it be expressed in the…
2Cases cited1 opinion
- Eastman v. BennettWisconsin Supreme Court · 1858
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