Perkins v. Best
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for La Crosse county: O. B. Wyman, Circuit Judge. The plaintiffs were partners at Medford, Wisconsin, in the milling and logging business, under the firm name of: A. J. Perkins & Son, and brought replevin for 1,200,000 feet of hemlock saw logs, marked as stated in the complaint.
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Appeal from a judgment of the circuit court for La Crosse county: O. B. Wyman, Circuit Judge. The plaintiffs were partners at Medford, Wisconsin, in the milling and logging business, under the firm name of: A. J. Perkins & Son, and brought replevin for 1,200,000 feet of hemlock saw logs, marked as stated in the complaint. They claimed that they were the owners of the logs, and of the growing, standing timber situate on sections 3 and 33, described in the agreement between them and one Oliver Darwin, dated Eebruary 21, 1893, by which, in substance, the plaintiffs bargained and sold to Darwin,…
1Opinion of the CourtPinney, J.
1. The contract between the plaintiffs and Darwin for the sale of the logs on sections 3 and 33 was upon the condition that the title thereto should be in the plaintiffs “ until said logs are paid for in full,” and it provided that Darwin should have the right to enter upon and •cross over said lands, “ for the purpose of removing said logs,” and that he might “ remove said logs on or before the 1st day of April, 1895.” The contract contemplated that Darwin was to have possession' of the logs. Accordingly *174he proceeded to cut and draw the logs, and bank them on Black river. It may be conceded…
2Cases cited9 opinions
- Bank of Farmington v. EllisSupreme Court of Minnesota · 1883
- Bennett v. KeehnWisconsin Supreme Court · 1886
- Rindskopf v. MyersWisconsin Supreme Court · 1894
- Dyer v. ThorstadSupreme Court of Minnesota · 1886
- Gallagher v. BishopWisconsin Supreme Court · 1862
4 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Miller-Piehl Co. v. MullenWisconsin Supreme Court · 1920
- State Ex Rel. Foster v. NaftalinSupreme Court of Minnesota · 1956
- State Ex Rel. Foster v. NaftalinSupreme Court of Minnesota · 1956