Carle v. Nelson
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Columbia county: Chbsteb, A. Eowlee, Circuit Judge. Action brought to recover the sum of $75 which defendant received from plaintiffs as an advance payment upon the purchase price of his 1906 crop of tobacco, which was never delivered.
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Appeal from a judgment of tbe circuit court for Columbia county: Chbsteb, A. Eowlee, Circuit Judge. Action brought to recover the sum of $75 which defendant received from plaintiffs as an advance payment upon the purchase price of his 1906 crop of tobacco, which was never delivered. The defendant interposed a counterclaim alleging that, although the tobacco conformed to the requirement of the contract of purchase, it was rejected by plaintiffs, to his damage in the sum of $187.65, for which sum, less the $75 paid him, he demanded judgment. Upon the verdict of the jury the court awarded…
1Opinion of the CourtViNje, J.
Defendant introduced evidence as to market value of tobacco at the time his was to have been received, for the purpose of showing the damage he had sustained by reason of its rejection by plaintiffs. Obviously the measure of his damage was the difference between the contract price and the market value at the time of delivery called for by the contract. In this state of the case plaintiffs claimed it was error to exclude testimony offered by them to show how the price in the contract in question compared with that in other contracts under which tobacco was being received at the time. The…
2Cases cited8 opinions
- Ward v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1899
- Odegard v. North Wisconsin Lumber Co.Wisconsin Supreme Court · 1907
- T. B. Scott Lumber Co. v. Hafner-Lothman Manufacturing Co.Wisconsin Supreme Court · 1895
- Pelitier v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Wisconsin Supreme Court · 1894
- Parker v. HullWisconsin Supreme Court · 1888
3 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Peterson v. WarrenWisconsin Supreme Court · 1966
- Bengston v. EstesWisconsin Supreme Court · 1952
- Hughes v. Eastern Railway & Lumber Co.Washington Supreme Court · 1916
- Kausch v. Chicago & Milwaukee Electric Railway Co.Wisconsin Supreme Court · 1921
- Pennsylvania Coal & Supply Co. v. SchmidtWisconsin Supreme Court · 1913
8 more not listed; retrieve them via the Exa API.