Goodwin v. Merrill
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Dodge County. Goodwin sued Merrill before a justice of tbe peace, for $75, a balance alleged to be due from tbe defendant for 535 bushels of wheat sold and delivered. Tbe proof tended to show that tbe plaintiff bad contracted to sell tbe defendant 1,000 bushels of wheat at a fixed price per bushel, and bad delivered only 535 bushels, and bad sold tbe residue to another person at a higher price.
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APPEAL from tbe Circuit Court for Dodge County. Goodwin sued Merrill before a justice of tbe peace, for $75, a balance alleged to be due from tbe defendant for 535 bushels of wheat sold and delivered. Tbe proof tended to show that tbe plaintiff bad contracted to sell tbe defendant 1,000 bushels of wheat at a fixed price per bushel, and bad delivered only 535 bushels, and bad sold tbe residue to another person at a higher price. There was also evidence of acts and declarations of the parties tending to show that they understood that the wheat should be delivered in parcels, and that the price…
1Opinion of the Court
By the Court,
HixoN, C. J.
The question presented is, whether the contract for the sale of wheat was entire or divisible. It was entire if the parties understood the delivery of the whole quantity bargained to be a condition precedent to the payment of any part of the price. It was divisible if they intended the payment to keep pace with the delivery. *660^ornier case’ payment °f any part of the price depended on the entire delivery; in the latter, being apportioned by the parties, it followed the delivery and acceptance of each portion less than the whole. The contract was in its nature…
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