Wing v. Wadhams Oil & Grease Co.

• Decision Date: 12 April 1898
• Citation: 74 N.W. 819,99 Wis. 248
• Court: Wisconsin Supreme Court
• Parties: WING ET AL. v. WADHAMS OIL & GREASE CO.

99 Wis. 248

74 N.W. 819

WING ET AL.

v.WADHAMS OIL & GREASE CO.

Supreme Court of Wisconsin.

April 12, 1898.

Appeal from superior court, Milwaukee county; J. C. Ludwig, Judge.

Action by John D. Wing and others against Wadhams Oil & Grease Company on contract. There was a judgment for plaintiffs, and defendant appeals. Affirmed.Winkler, Flanders, Smith, Bottum & Vilas, for appellant.

Tarrant & Kronshoge, for respondents.

CASSODAY, C. J.

During the times mentioned, the plaintiffs were co-partners doing business in New York, and the defendant was a Wisconsin corporation, doing business in Milwaukee. This action was commenced October 6, 1896, to recover $508.28, with interest from November 20, 1895, for certain goods sold and delivered by the plaintiffs to the defendant upon an express written contract entered into, after some correspondence between the parties, September 13, 1894, to the effect that the plaintiffs had on that day sold to the defendant “600 drums of ‘solvay,’ 70 per cent. and, or 74 per cent. caustic soda for delivery, 50 drums per month, January to December, 1895, both inclusive; price $1.80 per pound for 60 per cent., delivered in Milwaukee, invoice weights and tares. Terms cash within 60 days from date of each delivery, or less one per cent. for prompt cash, sellers' option. * * * Each delivery to be treated as a separate sale. If during the deliveries on this contract the price should be below the price herein named, we agree to rebate such difference on deliveries so affected.” The defendant answered by way of admissions, denials, and counter allegations, and a counterclaim for $800 by way of rebates for excessive price charged by the plaintiffs under the last clause of the contract quoted. The cause was thereupon referred to a referee to hear, try, and determine, and at the close of the trial thereof the referee reported his findings of fact and conclusions of law, which, after being modified by the court, were, in addition to the facts stated, to the effect that, prior to November 20, 1895, the plaintiffs delivered to the defendant all the caustic soda mentioned in the contract, and the defendant received the same, and paid therefor, except a balance on the last shipment of $508.28; that at no time during the deliveries on the contract was the market price of caustic soda below the price therein named; that by order of the court such report of the referee, so modified, was confirmed, and judgment thereon ordered in...