Russell v. Falls Manufacturing Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Outaga-mie county: JohN Goodland, Circuit Judge. On May 27,. 1898, plaintiffs’ traveling salesman took a written order from the defendant in the following words: “ Oconto Palis Manufacturing Co.: Bought of Russell Bros, one car of flour, to be shipped out any time between now and July 1st, when ordered by the Oconto Falls Mfg.
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Appeal from a judgment of the circuit court for Outaga-mie county: JohN Goodland, Circuit Judge. On May 27,. 1898, plaintiffs’ traveling salesman took a written order from the defendant in the following words: “ Oconto Palis Manufacturing Co.: Bought of Russell Bros, one car of flour, to be shipped out any time between now and July 1st, when ordered by the Oconto Falls Mfg. Co. Terms, thirty days from shipment. [Descriptions and quantities.] Subject to the approval of Russell Bros., and they are to notify the Oconto Falls Mfg. Co. at once if they accept of order. Falls Mfg. Co., W. L. E.” On…
1Opinion of the CourtDodge, J.
The plaintiffs’ response to the defendant’s written order contained material modifications. The specification of terms slightly different from those used in the order could have been intended for no other purpose than to modify the order; otherwise, the response need have gone no further than the expression, “We accept.” That specification of terms was, first, that the flour was “ to be shipped some time in June,” while the order required that It should be shipped out any time between March 27th and July 1st when ordered Toy the defendant. Again, the terms of payment in the order were…
2Cited by10 opinions
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- Morris F. Fox & Co. v. LismanWisconsin Supreme Court · 1932
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