Locke v. Williamson
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Wim/nebago County. Tbe following statement of tbe case was originally prepared by Mr. Justice Cole as a part of bis opinion herein: “ Tbe action was upon a contract for the sale and delivery of wood, and the- material facts bearing upon tbe point to be considered are these: In October, 1872, tbe plaintiff agreed to sell 500 cords of good, sound, body hickory and rock-maple wood for $2.50 per cord; and 800 cords of good sound, body white oak,…
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APPEAL from tbe Circuit Court for Wim/nebago County. Tbe following statement of tbe case was originally prepared by Mr. Justice Cole as a part of bis opinion herein: “ Tbe action was upon a contract for the sale and delivery of wood, and the- material facts bearing upon tbe point to be considered are these: In October, 1872, tbe plaintiff agreed to sell 500 cords of good, sound, body hickory and rock-maple wood for $2.50 per cord; and 800 cords of good sound, body white oak, white maple and white ash wood for $2 per cord, to be delivered on or before the 1st day of April, 1873, on the…
1Opinion of the CourtCole, J.
The main question in this case is, whether the *379facts found by tlie learned circuit judge support Ms conclusions of law.
Tbis was an executory contract. The wood to be delivered was of a particular kind and quality. It was to be piled at a convenient place and within the requisite distance for loading. The defendants might insist upon these conditions in the contract, and refuse to accept the wood unless they were complied with. But if an inferior article of wood was delivered, the defects of which were perfectly patent and obvious to the senses, where the defendants had full opportunity for…
2Cases cited2 opinions
- Reed v. . RandallNew York Court of Appeals · 1864
- Fisk v. TankWisconsin Supreme Court · 1860
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- Kaiser v. NummerdorWisconsin Supreme Court · 1904
- Monroe Water Works Co. v. City of MonroeWisconsin Supreme Court · 1901
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