71 Wis. 108 | Wis. | 1888
This appears to us to be a very plain case. We have not the time nor the patience, nor do we deem it necessary, to go through the elaborate briefs of the counsel for the appellants and notice all the points relied on by them to sustain the judgment of the trial court. They have gone largely into the law relating to pleadings, evidence, agency, and sales of- personal property,— a discussion of which is interesting, but which, as we have intimated, it is not necessary to enter upon in the decision of this case.
It is insisted that the circuit court erred in holding that the complaint stated a cause of action. The objection to the complaint is clearly untenable. After setting forth the substance of the written agreement, it is alleged that the plaintiff, at the time and place appointed, was ready and willing to receive the cheese and pay for it according to the agreement; but that the defendants neglected to perform on their part, and refused to deliver the property, to the damage of the plaintiff $'79. The specific objection to the complaint is that it should have alleged the price or value of the cheese at the time and place of delivery, or that the plaintiff could have resold the same at a profit. Of course the plaintiff, to show his damages by reason of the failure of the defendants to perform, would be obliged to prove that the contract price was less than the market price at the place of delivery. In other words, that he had suffered loss bj^ the breach. But it is not necessary that the plaintiff should set forth his evidence in the complaint. We consider the complaint entirely sufficient, and shall spend no further time in considering objections to it.
It is next insisted that the circuit court erred in holding that the evidence given on the part of the plaintiff on the trial before the justice, together with that which was of
By the Gourt.- — The judgment of the circuit court is affirmed.