Kola Lumber Co. v. Stoughton Wagon Co.
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Dane county: E. Kay Stevens, Circuit Judge. Plaintiff brings this action to recover tbe purchase price of a carload of wagon bottoms shipped by it to defendant without any order from defendant requesting it so to do. The bottoms so shipped were used by defendant. Prior to the making of the shipment the defendant had entered into an executory contract with the Ellisville Lumber Company to furnish it a number of wagon bottoms.
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Appeal from a judgment of tbe circuit court for Dane county: E. Kay Stevens, Circuit Judge. Plaintiff brings this action to recover tbe purchase price of a carload of wagon bottoms shipped by it to defendant without any order from defendant requesting it so to do. The bottoms so shipped were used by defendant. Prior to the making of the shipment the defendant had entered into an executory contract with the Ellisville Lumber Company to furnish it a number of wagon bottoms. A jury was waived, and the trial court found that the car in question was shipped in part execution of the contract…
1Opinion of the CourtBabnes, J.
If any contract relation existed between plaintiff and defendant, it existed by implication only. Certain facts were testified to from which the court might well have inferred an implied contract on the part of the defend*330ant to pay plaintiff for tbe lumber. Other facts were shown from which it could be legitimately inferred that the plaintiff shipped the lumber in part execution of the contract between the Ellisville Lumber Company and the defendant and upon the credit of the Ellisville Lumber Company. It is as logical to draw the latter inference from the evidence as it is the former.
° “Upon…
2Cases cited1 opinion
- Spuhr v. KolbWisconsin Supreme Court · 1901
3Cited by3 opinions
- State v. ThompsonWisconsin Supreme Court · 1913
- Goetz v. ZeifWisconsin Supreme Court · 1923
- Simon v. LeckerWisconsin Supreme Court · 1939