Vaughan v. Howe
Wisconsin Supreme Court
APPEAL from the Circuit Court for Portage County. Action by Vaughan upon a written contract with Howe & Rahlin for the delivery by the former to the latter, on the bank of a certain stream, of good, sound, merchantable logs, to the amount of 400,000 feet, or more, not exceeding 1,000,000 feet, to be scaled on the bank, at $3 per 1,000 feet.
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APPEAL from the Circuit Court for Portage County. Action by Vaughan upon a written contract with Howe & Rahlin for the delivery by the former to the latter, on the bank of a certain stream, of good, sound, merchantable logs, to the amount of 400,000 feet, or more, not exceeding 1,000,000 feet, to be scaled on the bank, at $3 per 1,000 feet. There was evidence tending to show the delivery of about 500,000 feet; that both parties agreed that one Richardson shonld scale the logs; that he did scale a portion called the Leveright logs, amounting to about 106,000 feet, and a portion called the…
1Opinion of the CourtDowner, J.
The appellants assign for error that the circuit court refused to give the first and third instructions asked by them. The first was : “ If the jury find that the plaintiff has not strictly complied with the terms of the contract, he can only recover the actual value of the logs.” The plaintiff, by the terms of the contract, was to deliver logs to the amount of four hundred thousand feet or more, not exceeding one million feet; and he delivered, according to the testimony, about five hundred thousand feet. To have granted this instruction would have been equivalent to saying to the jury, that…
2Cited by3 opinions
- Laycock v. ParkerWisconsin Supreme Court · 1899
- Gammon v. AbramsWisconsin Supreme Court · 1881
- Allen v. MurrayWisconsin Supreme Court · 1894