Janvrin v. Maxwell
Wisconsin Supreme Court
APPEAL from the Circuit Court for Rode, County. This action was for beef .sold and delivered to the defendants. On a reference for trial, the facts found were as follows: 1. In the first week in November, 1862, plaintiffs agreed with defendants to pack for them six barrels of beef at $9 per barrel, but no memorandum of the agreement was made, and no part of- the beef was then delivered, and no part of the purchase money paid. 2. About the 15th of the same month, plaintiffs…
Read the full summary
APPEAL from the Circuit Court for Rode, County. This action was for beef .sold and delivered to the defendants. On a reference for trial, the facts found were as follows: 1. In the first week in November, 1862, plaintiffs agreed with defendants to pack for them six barrels of beef at $9 per barrel, but no memorandum of the agreement was made, and no part of- the beef was then delivered, and no part of the purchase money paid. 2. About the 15th of the same month, plaintiffs delivered and defendants accepted said beef, in pursuance of the agreement. 3. Plaintiffs stored the beef for the…
1Opinion of the CourtPaine, J.
-If the facts as sworn to by the plaintiffs in regard to a delivery and acceptance of the beef are sufficient to take the contract out of the statute of frauds, then, upon the evidence, we should not feel called upon to disturb the findings of the referee. Whether those facts do take the sale out of the statute, is a questiop of considerable interest. I was at first strongly inclined to the opinion that they were not sufficient, and that to hold otherwise would render the. statute in effect inoperative, as' it could be so readily evaded. Parties contract without writing for the sale of goods…
2Cases cited1 opinion
- Menzies v. DoddWisconsin Supreme Court · 1865
3Cited by7 opinions
- Norwegian Plow Co. v. HanthornWisconsin Supreme Court · 1888
- Mehlhop v. PettiboneWisconsin Supreme Court · 1882
- Somers v. McLaughlinWisconsin Supreme Court · 1883
- Michelstetter v. WeinerWisconsin Supreme Court · 1892
- Bicknell v. Owyhee Sheep & Land Co.Idaho Supreme Court · 1918
2 more not listed; retrieve them via the Exa API.