Thayer v. Davis
Wisconsin Supreme Court
APPEAL from the Circuit Court for Eau Claire County. Action to recover a balance alleged to be due to the plaintiff for lumber sold and delivered to the defendant. The facts will sufficiently appear from the opinion. There was a verdict for the plaintiff, and from the judgment entered thereon the defendant appeals. They'cited Thomas v. Tolforcl, 70 Wis, 155; Randall v. JT. IV. Tel.
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APPEAL from the Circuit Court for Eau Claire County. Action to recover a balance alleged to be due to the plaintiff for lumber sold and delivered to the defendant. The facts will sufficiently appear from the opinion. There was a verdict for the plaintiff, and from the judgment entered thereon the defendant appeals. They'cited Thomas v. Tolforcl, 70 Wis, 155; Randall v. JT. IV. Tel. Co. 54 id. 140; Calloway v. Week, id. 604; Lingham v. Eggleston, 27 Mich. 324; Blacb-burn on Sales, 22, 23.
1Opinion of the CourtCole, C. J.
We do not discover any error in this case which should reverse the judgment. The question in the case is, Does the evidence show a complete executed sale and purchase of the lumber, so as to vest the title in the defendant and make the property his at the time it was destro3'ed by fire? On the evidence, the jury must have found that this was the nature of the contract, and that the negotiations of the parties did not result in a mere exec-utory contract of sale, as the defendant claims. The evidence as to the actual contract made is the testimony of the parties themselves, and some letters…
2Cited by4 opinions
- State ex rel. Vilas v. WhartonWisconsin Supreme Court · 1903
- Armstrong, Byrd & Co. v. CrumpSupreme Court of Oklahoma · 1910
- Goodwin v. StateWisconsin Supreme Court · 1902
- City of Boscobel v. Muscoda Manufacturing Co.Wisconsin Supreme Court · 1921