Greer v. Oelhafen
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Lincoln county: A. H. Reid, Circuit Judge. Action to recover damages for the breach of a contract entered into November 8, 1919, for the sale of ten carloads of lumber at $65 per M. f. o. b. at Evansville, Indiana. The lumber was to be shipped immediately from Tomahawk, Wisconsin, the business, place of' defendants.
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Appeal from a judgment of the circuit court for Lincoln county: A. H. Reid, Circuit Judge. Action to recover damages for the breach of a contract entered into November 8, 1919, for the sale of ten carloads of lumber at $65 per M. f. o. b. at Evansville, Indiana. The lumber was to be shipped immediately from Tomahawk, Wisconsin, the business, place of' defendants. The first car was shipped December 23, 1919; the second car December 26, 1919; and the third car March 3, 1920. After that no lumber was shipped. It was a part of the contract that lumber might be shipped with drafts attached to bill…
1Opinion of the CourtViNjE, C. J.
The appeal presents but two questions for solution: (a) Did the trial court err in finding “that shipment of said lumber to the plaintiff with draft attached to bill of lading merely required that plaintiff should make payment of the draft so as to secure bill of lading by the time that delivery of the car was tendered him at Evansville, Indiana?” and (b) Was plaintiff’s refusal to pay the balance of $239.25 due on the third car till he could get an assurance from defendants that they would ship him more lumber such a substantial breach of the contract as to bar recovery ?
The contract was for…
2Cases cited2 opinions
- Helgar Corporation v. . Warner's FeaturesNew York Court of Appeals · 1918
- Wilbur v. MeansWisconsin Supreme Court · 1920
3Cited by4 opinions
- Kieckhefer Box Co. v. John Strange Paper Co.Wisconsin Supreme Court · 1923
- Gedanke v. Wisconsin Evaporated Milk Co.Wisconsin Supreme Court · 1934
- Crocker Chair Co. v. Edward Hines Hardwood & Hemlock Co.Wisconsin Supreme Court · 1930
- Goodman v. Brown Land & Lumber Co.Wisconsin Supreme Court · 1924