Morrow v. Delaney
Wisconsin Supreme Court
APPEAL from the Circuit Court for Brown County. This action was brought to recover the balance alleged to be due for 150,000 feet of logs sold by the plaintiff to the defendant. The contract of sale is in writing, and is as follows: “ This obligation witnesseth. that I have this day sold to James Delaney a certain lot of pine saw-logs now lying on the bank of Green Bay, at and about Charles A. Masse’s place, in Door county, being the same logs which said Masse sold to me.
Read the full summary
APPEAL from the Circuit Court for Brown County. This action was brought to recover the balance alleged to be due for 150,000 feet of logs sold by the plaintiff to the defendant. The contract of sale is in writing, and is as follows: “ This obligation witnesseth. that I have this day sold to James Delaney a certain lot of pine saw-logs now lying on the bank of Green Bay, at and about Charles A. Masse’s place, in Door county, being the same logs which said Masse sold to me. Said Delaney is to take all of the said logs, more or less, and which are to be scaled where they now lie¿ and before they…
1Opinion of the Court
LyoN, J".
If the contract was for the sale of the logs to the defendant, and not merely an executory contract of sale leaving the title thereto and the risk of loss thereof in the plaintiff, still the unpaid balance of the purchase money did not become due until the defendant had a reasonable opportunity to get the logs into Pox river. There ean be no doubt that the defendant had such opportunity in respect to the logs not burned, and, but for the burning, would have had it in respect to all of them, before the "action was commenced. Hence, assuming that the title to the logs vested in the…
2Cases cited1 opinion
- Godfrey v. GermainWisconsin Supreme Court · 1869
3Cited by7 opinions
- Appleton Waterworks Co. v. City of AppletonWisconsin Supreme Court · 1907
- Vancouver Nat. Bank v. Law Union & Crown Ins.U.S. Circuit Court for the District of Oregon · 1907
- Thomas v. PaulWisconsin Supreme Court · 1894
- Briggs v. HilesWisconsin Supreme Court · 1894
- Benham v. PurdyWisconsin Supreme Court · 1880
2 more not listed; retrieve them via the Exa API.