Lincoln v. Charles Alshuler Manufacturing Co.
Wisconsin Supreme Court
Appeal from, a judgment of the circuit court for Racine ■county: E. B. BelbeN, Circuit Judge. Action, in form, to recover a balance due on contract, with ■some allegations in the complaint appropriate to an action for damages for nonfulfilment of an agreement to purchase. 'The issues were thus decided as to facts: (1) Plaintiffs sold defendant and defendant purchased from plaintiffs, on July 20, 1907, fifteen cases of cheviot cloth, to be manufactured and delivered at seven…
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Appeal from, a judgment of the circuit court for Racine ■county: E. B. BelbeN, Circuit Judge. Action, in form, to recover a balance due on contract, with ■some allegations in the complaint appropriate to an action for damages for nonfulfilment of an agreement to purchase. 'The issues were thus decided as to facts: (1) Plaintiffs sold defendant and defendant purchased from plaintiffs, on July 20, 1907, fifteen cases of cheviot cloth, to be manufactured and delivered at seven and one-quarter cents per .yard, five cases October 5, 1907, five cases November 15, 1907, and five cases December 15,…
1Opinion of the CourtMaeshall, J.
This case seems to have been disposed of •on a wrong theory. The contracts, notwithstanding words ■of sale in prcesenti, were obviously mere agreements to sell in consideration of agreements to purchase. They did not contemplate the passing of title to the goods till arrival at the delivery point in Wisconsin, freight paid. Therefore, as the goods were never so delivered or tendered, the contingency never happened rendering it competent for respondents to sell the goods as the property of appellant. They merely sold their own property.
Again — as the contracts were mere agreements to sell and…
2Cases cited8 opinions
- Guetzkow Bros. v. A. H. Andrews & Co.Wisconsin Supreme Court · 1896
- Van Brocklen v. . SmeallieNew York Court of Appeals · 1893
- Moore v. . PotterNew York Court of Appeals · 1898
- Unexcelled Fire-Wks. Co. v. PolitesSupreme Court of Pennsylvania · 1890
- Pratt v. S. Freeman & Sons Manufacturing Co.Wisconsin Supreme Court · 1902
3 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Foss v. HeinemanWisconsin Supreme Court · 1910
- Smith v. LingelbachWisconsin Supreme Court · 1922
- H. Muehlstein & Co. v. HickmanCourt of Appeals for the Eighth Circuit · 1928
- Haueter v. MartyWisconsin Supreme Court · 1914
- Brunswick-Balke-Collender Co. v. Wisconsin Mat Co.Court of Appeals for the Seventh Circuit · 1928
1 more not listed; retrieve them via the Exa API.