Shadbolt & Boyd Iron Co. v. Topliff
Wisconsin Supreme Court
APPEAL from the Circuit Court for Milwaukee County. The complaint alleges, in effect, that November 1, 1887, and for a long time prior thereto, and up to January 14, 1888, John Shadbolt, Francis Boyd, and Henry B. Hunter were copartners doing business in the city of Milwaukee under the firm name and style of Shadbolt, Boyd & Co.; that November 1, 1887, the said firm duty entered into a contract with the defendants, under their firm name of the L N. Topliff Manufacturing…
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APPEAL from the Circuit Court for Milwaukee County. The complaint alleges, in effect, that November 1, 1887, and for a long time prior thereto, and up to January 14, 1888, John Shadbolt, Francis Boyd, and Henry B. Hunter were copartners doing business in the city of Milwaukee under the firm name and style of Shadbolt, Boyd & Co.; that November 1, 1887, the said firm duty entered into a contract with the defendants, under their firm name of the L N. Topliff Manufacturing Company, by a writing of which the following is a copy, to wit: “Milwaukee, Nov. 1st, 1887. “ The I. N. Topliff Mfg. Co.,…
1Opinion of the CourtCassoday, J.
This case is peculiar, in some of its features.
1. The firm of Shadbolt, Boyd & Co., of Milwaukee, wrote the defendants, of Cleveland, November 1, 1887, to the effect: “ Please enter our order for all steel bow sockets for the year 1888 ” at the terms therein named: The defendants wrote at the bottom of such order the 'words, “ Accepted, subject to all unavoidable or unforeseen causes,” and signed the same. Here was a general order which implied a promise to receive and pay for all such bow sockets as the firm might order for the year and upon the terms therein named, and a general acceptance…
2Cases cited14 opinions
- Griffin v. . ColverNew York Court of Appeals · 1858
- Howard v. Stillwell & Bierce Manufacturing Co.Supreme Court of the United States · 1891
- Dana v. . FiedlerNew York Court of Appeals · 1854
- Candee v. Western Union Telegraph Co.Wisconsin Supreme Court · 1874
- Shepard v. Milwaukee Gas Light Co.Wisconsin Supreme Court · 1862
9 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Grand Prairie Gravel Co. v. Joe B. Wills Co.Court of Appeals of Texas · 1916
- Excelsior Wrapper Co. v. MessingerWisconsin Supreme Court · 1903
- Kelley, Maus & Co. v. La Crosse Carriage Co.Wisconsin Supreme Court · 1903
- W. G. Taylor Co. v. BannermanWisconsin Supreme Court · 1904
- Marrinan Medical Supply, Inc. v. Ft. Dodge Serum Co.Court of Appeals for the Eighth Circuit · 1931
5 more not listed; retrieve them via the Exa API.