Jung Brewing Co. v. Konrad
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Washington county: Mabtiw L. Luecií, Circuit Judge. Action for the breach of a contract for the sale and delivery of malt. Defense, breach of the contract by plaintiff. The plaintiff appeals from a judgment dismissing the complaint upon the merits after trial before a jury.
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Appeal from a judgment of tbe circuit court for Washington county: Mabtiw L. Luecií, Circuit Judge. Action for the breach of a contract for the sale and delivery of malt. Defense, breach of the contract by plaintiff. The plaintiff appeals from a judgment dismissing the complaint upon the merits after trial before a jury. The plaintiff owned and operated a brewery in Milwaukee and had some interest in a brewery at Covington, Kentucky, and desired to buy malt for both breweries. The defendants were partners engaged in manufacturing malt at Hartford, Wisconsin. After some preliminary…
1Opinion of the Court
Wikslow, O. T.
Tbe trial court beld, in effect, tbat tbe written, contract in question was uncertain and indefinite in its terms, so that it could not be determined therefrom whether it required the defendants to ship a carload of malt every week to the plaintiff at Milwaukee without further ■orders, or whether it required the plaintiff to order each carload by separate order before the defendants were required to ship it. So construing the contract, the court, against objection, permitted the introduction of a large amount of parol testimony relating to the situation of the parties and…
2Cases cited7 opinions
- Excelsior Wrapper Co. v. MessingerWisconsin Supreme Court · 1903
- Woodman v. Blue Grass Land Co.Wisconsin Supreme Court · 1905
- Vilas v. BundyWisconsin Supreme Court · 1900
- Hoffman v. KingWisconsin Supreme Court · 1888
- Kaukauna Electric Light Co. v. City of KaukaunaWisconsin Supreme Court · 1902
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3Cited by4 opinions
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