Legal Opinion

Seeger v. Manitowoc Steam Boiler Works

Wisconsin Supreme Court

Decided December 11, 1903PublishedCited by 5 opinions

Appeal from a judgment of the circuit court for Mani-towoc county: Michael Kirwah, Circuit Judge. This is an action against appellant, a corporation, to recover the sum of $300, with interest, paid to apply on a steam-beating boiler, if tbe same proved satisfactory and was accepted by respondent.

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Appeal from a judgment of the circuit court for Mani-towoc county: Michael Kirwah, Circuit Judge. This is an action against appellant, a corporation, to recover the sum of $300, with interest, paid to apply on a steam-beating boiler, if tbe same proved satisfactory and was accepted by respondent. Tbe referee found tbe following facts: ‘On February 6, 1895, appellant agreed to furnish and place a steam beating boiler . . . with jacket, grates, •steam gauge, safety valve, water column and damper regulator, make all connections complete for tbe sum of $300.00. If boiler does not prove…

1Opinion of the CourtSiebeckee, J.

Was it error for the trial court to receive-testimony tending to show, when the receipt of December 16,, 1895, for $200, “to balance boiler account in full,” was executed, that the parties made a contemporaneous agreement to-the effect that the receipt should not be deemed an acceptance of the boiler, and as not satisfactory to respondent under the contract of purchase? The contention that the written-receipt on its face imports more than a mere receipt seems not well founded. The language, “to balance boiler account in-full,” in its natural and ordinary significance, when applied to the…

2Cases cited5 opinions

  1. Johnson v. PughWisconsin Supreme Court · 1901
  2. Tuley v. BartonSupreme Court of Virginia · 1884
  3. Conant v. Estate of KimballWisconsin Supreme Court · 1897
  4. Twohy Mercantile Co. v. Estate of McDonaldWisconsin Supreme Court · 1900
  5. White v. MerrellIllinois Supreme Court · 1863

3Cited by5 opinions

  1. Danielson v. Bank of ScandinaviaWisconsin Supreme Court · 1930
  2. Jost v. WolfWisconsin Supreme Court · 1906
  3. Illinois Steel Co. v. PaczochaWisconsin Supreme Court · 1909
  4. Engi v. HardellWisconsin Supreme Court · 1905
  5. Nimz v. Fullerton Lumber Co.Wisconsin Supreme Court · 1933

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