Frank v. Frost
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Green Lake county: Chester A. Fowler, Circuit Judge. March 5, 1918, the plaintiff paid defendant $110 for ten bushels of seed corn to be subsequently delivered if upon test it was at least ninety per cent. good. The tests made showed less than ninety per cent. Defendant then offered to reduce the price to $8 per bushel for the eight bushels he still had left, having sold two bushels to another person.
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Appeal from a judgment of the circuit court for Green Lake county: Chester A. Fowler, Circuit Judge. March 5, 1918, the plaintiff paid defendant $110 for ten bushels of seed corn to be subsequently delivered if upon test it was at least ninety per cent. good. The tests made showed less than ninety per cent. Defendant then offered to reduce the price to $8 per bushel for the eight bushels he still had left, having sold two bushels to another person. On April 3d the parties met and defendant’s version is that he offered to return the $110, but they agreed that the plaintiff was to take the…
1Opinion of the CourtEschweiler, J.
The effect of the verdict in this case went no further than to relieve the defendant from any liability upon the one disputed issue as to whether or not there was an outright purchase of the eight bushels at $8 per bushel. Whether this arrangement on April 3d was an entirely new contract or a modification of the original one is immaterial. The court below, therefore, rightly held that under the verdict and the undisputed facts and circumstances the retention of the $44 check from April 29th until its tender back was refused by defendant on August 2d was not such a completed accord and…
2Cases cited4 opinions
- Nassoiy v. . TomlinsonNew York Court of Appeals · 1896
- Weigell v. GreggWisconsin Supreme Court · 1915
- Swindell v. Youngstown Sheet & Tube Co.Court of Appeals for the Sixth Circuit · 1916
- Pahl v. KomorowskiWisconsin Supreme Court · 1919
3Cited by8 opinions
- Hanz Trucking, Inc. v. Harris Brothers Co.Wisconsin Supreme Court · 1965
- Hoffman v. Ralston Purina Co.Wisconsin Supreme Court · 1979
- M. Schulz Co. v. GetherWisconsin Supreme Court · 1924
- Miller v. MontgomeryNew Mexico Supreme Court · 1967
- Tollefson v. TollefsonWisconsin Supreme Court · 1920
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