Pickert v. Marston
Wisconsin Supreme Court
APPEAL from the Circuit Court for La Grosse County. The following statement of the case was prepared by Mr. Justice Cassoday: The complaint in this action was, in effect, upon an account for goods, wares, and merchandise sold and delivered by the plaintiff, of Boston, to the defendants at La Crosse, at their request, September 23, 1884j on a credit of sixty days, at the agreed price of $78.25, and which were reasonably worth that sum; that no part of it had been paid, but…
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APPEAL from the Circuit Court for La Grosse County. The following statement of the case was prepared by Mr. Justice Cassoday: The complaint in this action was, in effect, upon an account for goods, wares, and merchandise sold and delivered by the plaintiff, of Boston, to the defendants at La Crosse, at their request, September 23, 1884j on a credit of sixty days, at the agreed price of $78.25, and which were reasonably worth that sum; that no part of it had been paid, but was due, with interest, from November 23, 1884, for which judgment with costs was demanded. The answer was to the effect…
1Opinion of the CourtCassoday, J.
The evidence is undisputed that the fish were in good condition when shipped to the defendants from Boston, and worthless when they reached the defendants at La Crosse. The defendants made the contract of purchase at La Crosse with the plaintiff’s traveling salesman, who resided at Chicago. There was evidence tending to prove that the fish shipped were not the fish ordered; and also that by the terms of the contract the fish ordered were guarantied by the traveling salesman to reach the defendants in La Crosse in good merchantable condition. The evidence on the part of the plaintiff was to…
2Cases cited5 opinions
- Herring v. SkaggsSupreme Court of Alabama · 1878
- Ahern v. . GoodspeedNew York Court of Appeals · 1878
- Bouck v. EnosWisconsin Supreme Court · 1884
- George D. Putnam & Co. v. French & MooreSupreme Court of Vermont · 1881
- Bentley v. DoggettWisconsin Supreme Court · 1881
3Cited by11 opinions
- Larson v. Aultman & Taylor Co.Wisconsin Supreme Court · 1893
- Reese & Co. v. BatesSupreme Court of Virginia · 1897
- Hercules Powder Co. v. RichCourt of Appeals for the Eighth Circuit · 1924
- International Harvester Co. v. LawyerSupreme Court of Oklahoma · 1916
- Waupaca Electric Light & Railway Co. v. Milwaukee Electric Railway & Light Co.Wisconsin Supreme Court · 1901
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