Libman v. Fox-Pioneer Scrap Iron Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Racine. county: George Thompson, Judge. . Contract for sale of goods. The following contract was entered into at Racine, Wisconsin,- between the parties : “Racine, Wis., June 13, 1917. “Libman Brothers of Wausau, Wisconsin, agree to sell and Fox-Pioneer Scrap Iron Company agrees to buy— “15 carloads of country mixed scrap iron to consist of all the small blacksmith shop scrap, cast iron, and to contain about two tons of stove…
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Appeal from a judgment of the circuit court for Racine. county: George Thompson, Judge. . Contract for sale of goods. The following contract was entered into at Racine, Wisconsin,- between the parties : “Racine, Wis., June 13, 1917. “Libman Brothers of Wausau, Wisconsin, agree to sell and Fox-Pioneer Scrap Iron Company agrees to buy— “15 carloads of country mixed scrap iron to consist of all the small blacksmith shop scrap, cast iron, and to contain about two tons of stove plate to the car, otherwise free from boilers and sheet iron, at a price of $22 per net ton f. o. b. cars Racine,…
1Opinion of the CourtRosenberry, J.
Upon the trial it was contended by the plaintiffs that prior to the making of the written contract there was an oral contract for five cars of scrap iron between the parties which, in terms, was identical with the written contract of June 13, 1917. Much of the controversy turns on the question of whether or not there was such an oral contract. The trial court, reviewing the findings of the referee, did not set aside the finding to that effect. In the disposition which we make of this case we regard it as immaterial whether or not there was such an oral contract. In addition to setting aside…
2Cases cited5 opinions
- Pope v. AllisSupreme Court of the United States · 1885
- Ott v. BoringWisconsin Supreme Court · 1909
- American Thresherman v. Citizens Bank of AndersonWisconsin Supreme Court · 1913
- Atherton v. NewhallMassachusetts Supreme Judicial Court · 1877
- Grenawalt v. RoeWisconsin Supreme Court · 1908
3Cited by11 opinions
- Howland v. Iron Fireman Manufacturing Co.Oregon Supreme Court · 1949
- Howland v. Iron Fireman Mfg. Co.Oregon Supreme Court · 1949
- Franklin Sugar Refining Co. v. EisemanSupreme Court of Pennsylvania · 1927
- Frank Pure Food Co. v. DodsonSupreme Court of Pennsylvania · 1924
- Erving Paper Mills, a Massachusetts Corporation v. Hudson-Sharp MacHine Co., a Wisconsin CorporationCourt of Appeals for the Seventh Circuit · 1964
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