Northern Surely Co. v. Wangard
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Lincoln county: W. C. Silvertiiorit, Circuit Judge. Action to recover for a car of potatoes sold by plaintiff to defendant free on board cars at Tomahawk, Wisconsin, shipment to be made from a point elsewhere. The complaint was in the usual form of a declaration on contract to recover for property sold and' delivered at an agreed price.
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Appeal from a judgment of the circuit court for Lincoln county: W. C. Silvertiiorit, Circuit Judge. Action to recover for a car of potatoes sold by plaintiff to defendant free on board cars at Tomahawk, Wisconsin, shipment to be made from a point elsewhere. The complaint was in the usual form of a declaration on contract to recover for property sold and' delivered at an agreed price. As it was amended on the trial, the amount claimed was $186, the price of 600 bushels of potatoes at 31 cents per bushel, less $41.80, paid thereon. The defendant admitted making a contract with plaintiff for the…
1Opinion of the CourtMaRshall, J.
Respondent’s counsel contend that the assignments of error to impeach the judgment cannot properly affect it since there was no reply to the counterclaim contained in the answer, and respondent was therefore entitled to the judgment obtained on the pleadings. If a reply were required, under the circumstances, in order to put the allegations constituting the counterclaim in issue, it was effectually waived by respondent’s treating the same as at issue by going to trial upon the merits, and proceeding therein till near the close thereof before suggesting anything to the contrary. Killman v.…
2Cases cited20 opinions
- Baxter v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1899
- Brown v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1882
- Guetzkow Bros. v. A. H. Andrews & Co.Wisconsin Supreme Court · 1896
- J. I. Case Plow Works v. Niles & Scott Co.Wisconsin Supreme Court · 1895
- Fisk v. TankWisconsin Supreme Court · 1860
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3Cited by19 opinions
- Marsh Wood Products Co. v. Babcock & Wilcox Co.Wisconsin Supreme Court · 1932
- Schwantes v. StateWisconsin Supreme Court · 1906
- Rostad v. Portland Railway, Light & Power Co.Oregon Supreme Court · 1921
- Wojciuk v. United States Rubber Co.Wisconsin Supreme Court · 1963
- Engen v. Rambler Copper & Platium Co.Wyoming Supreme Court · 1912
14 more not listed; retrieve them via the Exa API.