Eagle Mowing & Reaping Machine Co. v. Shattuck
Wisconsin Supreme Court
APPEAL from the Circuit Court for Kewaunee County. The defendants were agents of the plaintiff, under a written contract, for the sale of certain machines in the territory named, and were to receive for their commission and in full payment all over certain specified priees; and they agreed to turn over to the plaintiff the balance of the notes and cash received for such machines, at the end of the season.
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APPEAL from the Circuit Court for Kewaunee County. The defendants were agents of the plaintiff, under a written contract, for the sale of certain machines in the territory named, and were to receive for their commission and in full payment all over certain specified priees; and they agreed to turn over to the plaintiff the balance of the notes and cash received for such machines, at the end of the season. Upon an accounting, October 11, 1876, it was found that the defendants were short nearly $100, having neither money nor notes on hand, taken on the sale of such machines, with which to pay…
1Opinion of the CourtCassoday, J.
Section 2307, R. S., among other things, provides, in effect, that “ every special promise to answer for the debt, default or miscarriage of another person, . . . shall be void, unless such agreement, or some note or memorandum thereof, expressing the consideration, be in writing and subscribed by the party charged therewith.” This statute has been in force for many years. Section 2, ch. 107, R. S. 1858. This conrt, as well as others, has frequently held that no “special promise to answer for the debt, default or miscarriage of another person ” can be enforced unless it be in writing,…
2Cases cited10 opinions
- Putney v. FarnhamWisconsin Supreme Court · 1870
- Day v. ElmoreWisconsin Supreme Court · 1856
- Dyer v. GibsonWisconsin Supreme Court · 1863
- Barker v. ScudderSupreme Court of Missouri · 1874
- Young v. FrenchWisconsin Supreme Court · 1874
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3Cited by3 opinions
- Wipfli v. BeverWisconsin Supreme Court · 1967
- Wilson v. HentgesSupreme Court of Minnesota · 1882
- Ivenson v. CaldwellWyoming Supreme Court · 1891