Robbins v. Deverill
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Winnebago County. Tfre complaint alleges that, on &c., the defendant bought of Peet & Williams, at Menasha in this state, one hundred barrels of flour, marked &c., for which the defendant then and there, in consideration of such sale, promised to pay them $4.80 per barrel, on delivery of the same; that the same was to be delivered by said Peet & Williams by shipment thereof by water from Menasha to Green Bay for defendant; that said flour…
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APPEAL from tbe Circuit Court for Winnebago County. Tfre complaint alleges that, on &c., the defendant bought of Peet & Williams, at Menasha in this state, one hundred barrels of flour, marked &c., for which the defendant then and there, in consideration of such sale, promised to pay them $4.80 per barrel, on delivery of the same; that the same was to be delivered by said Peet & Williams by shipment thereof by water from Menasha to Green Bay for defendant; that said flour was delivered, on &c., by such shipment; that defendant has been often requested but has refused to pay for said flour ;…
1Opinion of the Court
DixoN, 0. J.
It was a settled rule before tbe enactment of the code, that in pleading a contract which tbe Statute of Frauds requires to be in writing, it was not necessary to allege tbe facts relied on to take the case out of the statute. The same rule still prevails. See Abbott’s Dig., Title, “Pleading under the Code of Procedure,” §921, and cases cited. Itis sufficient, on demurrer, to allege that a contract was made. Such an allegation implies that tbe contract is in writing, and valid under the statute. The complaint in this case avers a delivery of the *147flour according to the terms of the…
2Cases cited5 opinions
- Hunt v. . BloomerNew York Court of Appeals · 1856
- Carley v. WilkinsNew York Supreme Court · 1849
- Mosselman v. CaenNew York Supreme Court · 1861
- Cord v. HirschWisconsin Supreme Court · 1863
- Lewando v. DunhamNew York Court of Common Pleas · 1856
3Cited by20 opinions
- Gruber v. BakerNevada Supreme Court · 1890
- Bowman v. Van KurenWisconsin Supreme Court · 1871
- Hooper v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1870
- Hankwitz v. BarrettWisconsin Supreme Court · 1910
- Fletcher v. IngramWisconsin Supreme Court · 1879
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