Kellogg v. Nelson
Wisconsin Supreme Court
This was an action of assumpsit, brought by the defendants in error against the plaintiffs in error, to recover damages for an alleged breach of a certain contract for the delivery of wheat.
Read the full summary
This was an action of assumpsit, brought by the defendants in error against the plaintiffs in error, to recover damages for an alleged breach of a certain contract for the delivery of wheat. The declaration alleges, that the said defendants “ did by an instrument in writing, bearing date the day and year aforesaid (Dec. 10,1853), and signed with the firm name aforesaid, of said defendants (E. T. Kellogg & Go.), sell to the plaintiffs one thousand bushels of Ganada club -wheat at sixty cents per bushel; and said defendants did thereby further agree to deliver said wheat, at the warehouse of…
1Opinion of the Court
By the Court,
Whiton, C. J.
The principal matters relied upon by the plaintiffs in error to reverse the judgment, relate to the construction which was given at the trial to the contract for the delivery of the wheat, and to the ruling of the court by which the testimony offered to impeach the witness Herring, was excluded from the jury.
The counsel for the plaintiffs in error contend that the performance of the agreement on their part to deliver the wheat, was dependent on the performance of the agreement on the part *129of tbe defendants in error to furnish the bags in which to haul it. The court…
2Cited by14 opinions
- State v. HendersonWest Virginia Supreme Court · 1886
- State v. MalmbergNorth Dakota Supreme Court · 1905
- Tollifson v. PeopleSupreme Court of Colorado · 1910
- Hoffman v. KingWisconsin Supreme Court · 1888
- State v. CollinsSupreme Court of Kansas · 1885
9 more not listed; retrieve them via the Exa API.