Teipel v. Meyer
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Milwaukee county: D. H. JonnsoN, Circuit Judge. The complaint alleges that the parties to this action entered into an agreement whereby “the defendant agreed thereafter to sell and deliver to the plaintiff, at the city of Milwaukee, as the plaintiff should order and request, certain brands of imported beer ” (naming them); that defendant was the sole importer; “that, by the terms of the said agreement, the said defendant…
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Appeal from a judgment of the circuit court for Milwaukee county: D. H. JonnsoN, Circuit Judge. The complaint alleges that the parties to this action entered into an agreement whereby “the defendant agreed thereafter to sell and deliver to the plaintiff, at the city of Milwaukee, as the plaintiff should order and request, certain brands of imported beer ” (naming them); that defendant was the sole importer; “that, by the terms of the said agreement, the said defendant promised and agreed to deliver to the plaintiff, at Milwaukee, in such quantities as he might from time to time demand, such…
1Opinion of the CourtBaedeeN, J.
The complaint' fails to state a cause of action, and the proof is not broader than its allegations. Summarized, the complaint states that defendant agreed to sell plaintiff certain brands of beer, “ so long as the said plaintiff should thereafter continue to buy the said beers from the said defendant.” It is an elementary principle in the law of contracts that, to be binding, they must be mutual. 7 Am. & Eng. Ency. of Law (2d ed.), 114; Dodge v. Hopkins, 14 Wis. 630; Atlee v. Bartholomew, 69 Wis. 43; Hoffman v. Maffioli, 104 Wis. 630. There is no allegation or claim that the defendant was to…
2Cases cited5 opinions
- Davie v. Lumberman's Mining Co.Michigan Supreme Court · 1892
- Hoffman v. MaffioliWisconsin Supreme Court · 1899
- Bailey v. AustrianSupreme Court of Minnesota · 1873
- Dodge v. HopkinsWisconsin Supreme Court · 1861
- Atlee v. BartholomewWisconsin Supreme Court · 1887
3Cited by12 opinions
- Grand Prairie Gravel Co. v. Joe B. Wills Co.Court of Appeals of Texas · 1916
- California Wine Asso. v. Wisconsin Liquor Co.Wisconsin Supreme Court · 1963
- Excelsior Wrapper Co. v. MessingerWisconsin Supreme Court · 1903
- Wickham & Burton Coal Co. v. Farmers Lumber Co.Supreme Court of Iowa · 1920
- Pessin v. Fox Head Waukesha Corp.Wisconsin Supreme Court · 1939
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