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National Knitting Co. v. Bouton & Germain Co.

Wisconsin Supreme Court
123 N.W. 624 (1909)

Written by Sean Carroll, JD

Facts

National Knitting Co. (NKC) (plaintiff) contracted to sell various styles of gloves at fixed prices to Bouton & Germain Co. (Bouton) (defendant). NKC delivered the majority of the order but did not deliver two of the styles of gloves. Bouton withheld payment for the gloves delivered. NKC sued Bouton to recover payment for the delivered gloves. Bouton argued that the contract was not severable and that NKC breached the entire contract. The trial court found that the contract was severable and awarded judgment for NKC, less damages for the gloves that NKC did not deliver. Bouton appealed.

Rule of Law

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Issue

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Holding and Reasoning (Winslow, C.J.)

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