126 Wis. 512 | Wis. | 1906
One who performs an executory contract for sale of chattels by delivering the same at the place and in the manner specified in the contract is entitled to recover the stipulated price, certainly unless the contract had been unambiguously repudiated by the purchaser before such delivery. Ganson v. Madigan, 13 Wis. 67; Chapman v. Ingram, 30 Wis. 290; Boyington v. Sweeney, 77 Wis. 55, 69, 45 N. W. 938. In this case plaintiff’s contract was to “ship” the goods, and at the time specified it did ship them, addressed to defendants at Chetek. Thus the contract became fully performed by plaintiff, although defendants never took the goods from the railway station at Chetek. The conclusion of liability for the agreed price from such facts alone is direct and irresistible.
Defendants seek to avert that conclusion by reason of their repudiation of the contract before such delivery. Epr the purpose of the argument we may concede the right of a purchaser to repudiate the contract, and, by notification to the seller, to limit liability to the damages caused by the breach so committed. Merrick v. N. W. Nat. L. Ins. Co. 124 Wis.
By the Court. — Judgment reversed, and cause remanded with directions to enter judgment according to the prayer of the complaint.