Ambler v. Sinaiko
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Dane county: E. Ray Stevens, Circuit Judge. Action by the plaintiff, a wholesale dealer in Illinois coal at Chicago, to recover of defendants, who were retail dealers at Madison, a balance of about $1,200 alleged to be due on purchases of coal between July 10 and October 31, 1916. The defendants by answer admitted the indebtedness claimed, but interposed three counterclaims for failure to deliver coal under three certain…
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Appeal from a judgment of the circuit court for Dane county: E. Ray Stevens, Circuit Judge. Action by the plaintiff, a wholesale dealer in Illinois coal at Chicago, to recover of defendants, who were retail dealers at Madison, a balance of about $1,200 alleged to be due on purchases of coal between July 10 and October 31, 1916. The defendants by answer admitted the indebtedness claimed, but interposed three counterclaims for failure to deliver coal under three certain contracts, and claimed damages amounting tO' nearly $2,500. The action was tried by the court. It appeared by the evidence…
1Opinion of the CourtWinslow, C. J.
The findings of the court to the effect that in October the defendants ordered the plaintiff to stop all shipments of coal until further orders, and that during the first part of November they ordered two cars under the first contract and three cars under the third, which were never delivered, and that no further orders to ship were given before November 20th, when defendants declined to pay and thus (as plaintiff claims) breached the contracts, are sufficiently supported by evidence and cannot be disturbed.
But the defendants claim that, even conceding these findings to be true, there was no…
2Cases cited4 opinions
- Woodman v. Blue Grass Land Co.Wisconsin Supreme Court · 1905
- Quarton v. American Law Book Co.Supreme Court of Iowa · 1909
- Campbell & Cameron Co. v. WeisseWisconsin Supreme Court · 1904
- German American Bank v. Webster Manufacturing Co.Wisconsin Supreme Court · 1911
3Cited by12 opinions
- Chess & Wymond Co. v. La Crosse Box Co.Wisconsin Supreme Court · 1921
- Auer & Twitchell v. Robertson Paper Co.Supreme Court of Vermont · 1920
- Kieckhefer Box Co. v. John Strange Paper Co.Wisconsin Supreme Court · 1923
- Gedanke v. Wisconsin Evaporated Milk Co.Wisconsin Supreme Court · 1934
- Illges v. CongdonWisconsin Supreme Court · 1945
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