Sharpe Furniture, Inc. v. Buckstaff

299 N.W.2d 219 (Wis. 1980)

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Nature of the Case

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Facts

Mrs. Buckstaff, Appellant’s wife, signed in her own name a special order for a 'Henredon 6800 Sofa.' She was to pay $621.50 within 60 days after the item was received from the factory. Interest at a rate of 1.5 percent per month was charged on the unpaid balance after that 60-day period. No representations were made to Sharpe, the furniture company, at the time of the purchase that Mrs. Buckstaff was acting on behalf of her husband in purchasing the furniture. Appellant had previously written to the local credit bureau service to advise that office that he would not be responsible for any credit extended to his wife. The sofa was delivered to the residence of the defendants on February 8, 1974. The furniture was a part of the home ever since its delivery even though no one had tendered payment. Sharpe (P) sued both Buckstaffs to get its money. The trial court found that Karen Buckstaff was liable on her contract and that John Buckstaff was also liable for the amount due on the sofa under the common law doctrine of necessaries. Judgment was entered accordingly. The court of appeals affirmed. John Buckstaff now seeks review of the decision of the court of appeals.