Pope Metals Co. v. Sadek
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Milwaukee county: OkbeN T. Williams, Circuit Judge. This is an action to recover damages for breach of a contract of sale of 100 tons of copper. The plaintiff is a corporation doing business in New York City. The defendants are partners doing business in Milwaukee, and both parties deal in metals. C. S. Trench & Co. are brokers in metals in the city of New York.
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Appeal from a judgment of the circuit court for Milwaukee county: OkbeN T. Williams, Circuit Judge. This is an action to recover damages for breach of a contract of sale of 100 tons of copper. The plaintiff is a corporation doing business in New York City. The defendants are partners doing business in Milwaukee, and both parties deal in metals. C. S. Trench & Co. are brokers in metals in the city of New York. On March 17, 1909, the defendants inquired by telegraph of Trench & Co. whether they could sell for them ten cars of copper, late delivery March and April, to which inquiry Trench & Co.…
1Opinion of the Court
WiNsnow, O. J.
The trial court was right in holding that there was a binding contract shown as matter of law. The brokers were the agents of both parties, and the bought and sold notes signed by them and containing the terms of the contract satisfied the statute of frauds. Bibb v. Allen, 149 U. S. 481, 13 Sup. Ct. 950; Newberry v. Wall, 84 N. Y. 576; 20 Cyc. 256.
'It is said, however, that the brokers were not authorized to insert in the contract specifications as to the particular brand or shape of the copper. All the evidence bearing on the subject tends to show that the insertion of such…
2Cases cited4 opinions
- Bibb v. AllenSupreme Court of the United States · 1893
- Vogt v. SchienebeckWisconsin Supreme Court · 1904
- Newberry v. . WallNew York Court of Appeals · 1881
- Southern Flour & Grain Co. v. McGeehanWisconsin Supreme Court · 1910
3Cited by2 opinions
- Allen v. Wolf River Lumber Co.Wisconsin Supreme Court · 1919
- Huggett v. Sears, Roebuck & Co.Wisconsin Supreme Court · 1945