Hurst v. Webster Manufacturing Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Douglas county: A. J. .Vinje, Oircuit Judge. This is an action to recover the balance of the purchase price of a quantity of hardwood logs sold by the plaintiff to the defendant.
Read the full summary
Appeal from a judgment of the circuit court for Douglas county: A. J. .Vinje, Oircuit Judge. This is an action to recover the balance of the purchase price of a quantity of hardwood logs sold by the plaintiff to the defendant. The complaint alleges.the delivery of 255,017 feet of logs at the agreed price of $12 per -thousand; admits the payment of $2,057.31; and prays judgment for a balance of $1,002.89. The answer alleges delivery of only 202,730 feet of elm and ash logs at the agreed price of $12 per thousand, and 370 feet of maple logs at $11 per thousand, and admits payment of $2,057.31,…
1Opinion of the CourtWihslow, J.
The errors assigned will be considered under three heads.
1. It is claimed that there was error in adding interest to the amount of the verdict from the time of the commencement of the action. This depends upon whether interest was included in the verdict as rendered. Referring to the charge of the court, we find that the jury were specifically instructed to “determine the amount of ash and elm delivered, and multiply that amount by twelve, the price per thousand feet,” and deduct therefrom the payments, viz., $2,053.24 (not including $4.07 which was paid for maple and was not in dispute), and…
2Cases cited3 opinions
- Havenor v. StateWisconsin Supreme Court · 1905
- Meier v. MorganWisconsin Supreme Court · 1892
- Seymour v. HarrisonSupreme Court of Iowa · 1892
3Cited by23 opinions
- Little v. United StatesCourt of Appeals for the Tenth Circuit · 1934
- Oborn v. StateWisconsin Supreme Court · 1910
- State v. BurtonWisconsin Supreme Court · 1983
- Du Cate v. Town of BrightonWisconsin Supreme Court · 1907
- State v. CotterWisconsin Supreme Court · 1952
18 more not listed; retrieve them via the Exa API.