Gehl v. Milwaukee Produce Co.
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Milwau>-kee county: X>. H. JohNsoN, Circuit Judge. February 1, 1897, tbe plaintiffs made a verbal agreement for sale to tbe defendant of certain clover seed, wbicb the following day was confirmed by tbe defendant by tbe following: “ Milwaukee, Feb. 2, 1897. M. & N. Gehl — Dear Sirs: Confirm purchase about 169' Bgs. white clover, 8f; 9 Bgs., 6c.; 9 Bgs., 5c.; 25 Bgs. red; 7i; screen, 2c.; buyer’s option, March 1. “ Truly yours,…
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Appeal from a judgment of tbe circuit court for Milwau>-kee county: X>. H. JohNsoN, Circuit Judge. February 1, 1897, tbe plaintiffs made a verbal agreement for sale to tbe defendant of certain clover seed, wbicb the following day was confirmed by tbe defendant by tbe following: “ Milwaukee, Feb. 2, 1897. M. & N. Gehl — Dear Sirs: Confirm purchase about 169' Bgs. white clover, 8f; 9 Bgs., 6c.; 9 Bgs., 5c.; 25 Bgs. red; 7i; screen, 2c.; buyer’s option, March 1. “ Truly yours, ‘‘MILWAUKEE PRODUCE Co. “ Would like to get set large samples of white. Kindly send us key, and obi.” “ Buyer’s option,…
1Opinion of the CourtDodge, J.
By the second question of the special verdict, as limited by the instructions, the court submitted to the-jury two questions of fact: first, Did the plaintiffs, on March 1, notify defendant of their willingness to perform the contract? and, second, "Were the postponements thereafter had at the instance of the defendant or of the plaintiffs ? Such postponements were confessedly assented to by both parties. These were the only issues submitted bearing upon the conclusion whether or not defendant was liable. In this it is obvious the trial court fell into serious error. The true issue? was…
2Cases cited6 opinions
- Shores Lumber Co. v. StittWisconsin Supreme Court · 1899
- Mooney v. Howard InsuranceMassachusetts Supreme Judicial Court · 1885
- Hewitt v. John Week Lumber Co.Wisconsin Supreme Court · 1890
- Jones v. HoeyMassachusetts Supreme Judicial Court · 1880
- Mand v. TrailIndiana Supreme Court · 1883
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Miller v. Germain Seed & Plant Co.California Supreme Court · 1924
- Ross v. Northrup, King & Co.Wisconsin Supreme Court · 1914
- Hardwick v. American Can Co.Tennessee Supreme Court · 1904
- Pratt v. S. Freeman & Sons Manufacturing Co.Wisconsin Supreme Court · 1902
- Kosloski v. KellyWisconsin Supreme Court · 1904
4 more not listed; retrieve them via the Exa API.