McDonald v. Gardner
Wisconsin Supreme Court
APPEAL from the Circuit Court for Marathon County. Action to recover damages for the breach of the following written contract: “Be it known that I, John Gardner, of Spencer, Wisconsin, party of the first part, and McDonald db Stewart, of Fond du Lac, Wisconsin, party of the second part, that I, John Ga/rdner, sell and guarantee to deliver on board of cars at this place, when dry and in good condition to ship, all the good lumber to he cut from six or seven hundred thousand…
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APPEAL from the Circuit Court for Marathon County. Action to recover damages for the breach of the following written contract: “Be it known that I, John Gardner, of Spencer, Wisconsin, party of the first part, and McDonald db Stewart, of Fond du Lac, Wisconsin, party of the second part, that I, John Ga/rdner, sell and guarantee to deliver on board of cars at this place, when dry and in good condition to ship, all the good lumber to he cut from six or seven hundred thousand feet of choice, large white pine growing amongst hard wood, and size of timber is represented and sold as logs of a size…
1Opinion of the CourtOassoday, J.
The judgment must be reversed for several errors committed on the trial. Some of these rulings will be noticed.
1. One of the plaintiffs, among other things, in effect, testified that the lumber received by the plaintiffs, under the contract in suit, was not as good as that called for by the contract; that two-thirds of it was common shop lumber, and while explaining the difference in value between the lumber actually received and that called for by the contract, *40the defendant objected to the evidence as incompetent and inadmissible, and claimed that the expression “good lumber,” in the…
2Cases cited10 opinions
- Jilson v. GilbertWisconsin Supreme Court · 1870
- Campbell v. CampbellWisconsin Supreme Court · 1882
- Cooper v. CleghornWisconsin Supreme Court · 1880
- Morehouse v. ComstockWisconsin Supreme Court · 1877
- Gillmann v. HenryWisconsin Supreme Court · 1881
5 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Hooker v. HydeWisconsin Supreme Court · 1884
- Badger State Lumber Co. v. G. W. Jones Lumber Co.Wisconsin Supreme Court · 1909