Salvo v. Duncan
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Columbia County. This action was commenced in July, 1877, in Taylor county, and removed to Columbia county for trial.
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APPEAL from tbe Circuit Court for Columbia County. This action was commenced in July, 1877, in Taylor county, and removed to Columbia county for trial. On the 15th of June, 1876, the defendants, Duncan and Taylor, entered into a contract with the plaintiff,* by which plaintiff was to cut on certain lands, haul, drive and deliver to defendants at their mill at Westboro in this state, 2,000,-000 feet of pine logs before the 15th of September, 1876; and defendants were to pay plaintiff $2.50 per M. feet of said logs after the same should be scaled and delivered at said mill. Defendants further…
1Opinion of the CourtCole, J.
There can be no doubt that the learned circuit court placed the right construction upon the contract offered in evidence, and that it was the plain duty of the defendants to furnish the plaintiff all necessary supplies for men and teams as fast as needed for the vigorous prosecution of the work. This is the clear meaning of the contract, and the parties seem to have so understood it. The questions litigated on the trial were, whether the defendants had substantially fulfilled the contract on their part, or whether, in consequence of their failure to furnish the necessary supplies, the…
2Cases cited1 opinion
- Wood v. SchettlerWisconsin Supreme Court · 1868
3Cited by13 opinions
- Wilkinson v. . DunbarSupreme Court of North Carolina · 1908
- Allis v. McLeanMichigan Supreme Court · 1882
- Alexander v. BishopSupreme Court of Iowa · 1882
- Allen v. MurrayWisconsin Supreme Court · 1894
- Daly v. City of MilwaukeeWisconsin Supreme Court · 1899
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