142

CASES DETERMINED

IN THE

SUPREME COURT

OF

WISCONSIN

FEBRUARY 22-MAY 24, 1910

FREDERIC K. CONOVER

OFFICIAL REPORTER

CHICAGO

CALLAGHAN AND COMPANY

1910

COPYRIGHT, 1910,

BY JAMES A. FREAR,

SECRETARY OF STATE OF THE STATE OF WISCONSIN,
For the benefit of the people of said state.

STATE JOURNAL PRINTING COMPANY,
PRINTERS AND STEREOTYPERS,

MADISON WIS

JUSTICES

OF THE

SUPREME COURT OF WISCONSIN

DURING THE PERIOD COMPRISED IN THIS VOLUME

JOHN B. WINSLOW

Ex officio CHIEF JUSTICE
ROUJET D. MARSHALL
JOSHUA ERIC DODGE

ROBERT G. SIEBECKER
JAMES C. KERWIN

WILLIAM H. TIMLIN
JOHN BARNES

MEMORANDUM.

Mr. Justice TIMLIN took no part in the decision of the cases reported in this volume on pages 144 to 278 inclusive, except the case of Coffeen v. Town of Preble (page 183).

TABLE

OF

CASES REPORTED.

Abbot, Grant Marble Co. v.....
Acker, State ex rel. Crain v..
Ady v. Barnett....

Contracts: Sales: Written order for goods: Ambiguity: Evidence
of prior oral agreements: Trial: Abandoning cause of action:
Foreign corporations: Doing business in this state: Interstate
commerce: Appeal: Undertaking: Surety companies.
Alshuler Manufacturing Co., Lincoln v..

Andersen, Lepley v.....

Anderson v. Savoy.....

279

394

18

475

668

127

Sales: Breach by vendor: Damages.

Anderson v. Sparks..

Automobiles: Negligence: Collision on highway: Contributory negligence: Questions for jury: Special verdict: Instructions to jury: Defects in form: Credibility of witnesses: Evidence: Selfserving declarations: Appeal: Harmless errors: New trial: Newly discovered evidence: Diligence: Damages.

398

Sales: Commissions: Evidence: Agency: Contracts: Performance:
Interest.

Ayers, Phelps v.....

442

Baars, Joseph v................

390

Baker, Whitewater Tile & Pressed Brick Mfg. Co. v...... 420 Balley v. Wisconsin Central R. Co....

102

Railroads: Liability to laborers for contractors: Notice of claim:
Upon whom served: Sufficiency.