Ward v. American Health Food Co.
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Milwaukee county: LawebNCe W. Halsey, Circuit Judge. Two actions are bere consolidated, each to recover .different instalments claimed to be due to tbe plaintiffs from the defendant upon tbe same written contract.
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Appeal from a judgment of tbe circuit court for Milwaukee county: LawebNCe W. Halsey, Circuit Judge. Two actions are bere consolidated, each to recover .different instalments claimed to be due to tbe plaintiffs from the defendant upon tbe same written contract. It is undisputed that tbe plaintiffs are copartners doing business in tbe city of New York, and that tbe defendant is a Wisconsin corporation doing business in Milwaukee; that June 5, 1900, Isaac J. Cobn, tbe soliciting agent of tbe plaintiffs, was in Milwaukee at tbe defendant’s office, and a written proposition was then and there…
1Opinion of the CourtCassoday, C. J.
Error is assigned because the court found as a matter of law that the contract “was fully executed by the plaintiffs on the 10th day of July, 1900.” That is the day named in the contract upon which the plaintiffs were to commence performance; and the contract expressly provides that it should continue “for the term of twelve months from ■July 10, 1900.” By the fifth finding of fact the court found that the plaintiffs commenced such performance June 19, 1900, and continued such performance “up to and including the 10th day of July, 1901.” Manifestly, by some inadvertence, the wrong year is…
2Cases cited14 opinions
- Roehm v. HorstSupreme Court of the United States · 1900
- Hinckley v. Pittsburgh Bessemer Steel Co.Supreme Court of the United States · 1887
- Clark v. MarsigliaCourt for the Trial of Impeachments and Correction of Errors · 1845
- Lowell v. StrahanMassachusetts Supreme Judicial Court · 1887
- Reynolds v. . Van BeurenNew York Court of Appeals · 1898
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3Cited by15 opinions
- Poinsettia Dairy Products, Inc. v. the Wessel Co.Supreme Court of Florida · 1936
- Oil Workers International Union, Local No. 463 v. Texoma Natural Gas Co.Court of Appeals for the Fifth Circuit · 1944
- Badger State Lumber Co. v. G. W. Jones Lumber Co.Wisconsin Supreme Court · 1909
- Backes v. SchlickNebraska Supreme Court · 1908
- New Prague Flouring Mill Co. v. SpearsSupreme Court of Iowa · 1922
10 more not listed; retrieve them via the Exa API.