Chapman v. Wadleigh
Wisconsin Supreme Court
APPEAL from the Circuit Court for Winnebago County. This action was commenced on the 7th of February, 1870, to enforce a lien upon certain premises for the price of lumber furnished by the plaintiffs and used in the erection and repair of certain buildings thereon.
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APPEAL from the Circuit Court for Winnebago County. This action was commenced on the 7th of February, 1870, to enforce a lien upon certain premises for the price of lumber furnished by the plaintiffs and used in the erection and repair of certain buildings thereon. The pleadings and evidence show the following facts: 1. In the fall of 1867, the plaintiffs, who were then partners and lumber merchants in the city of Oshkosh, contracted with the defendant Caroline Wadleigh (through her husband and agent, the defendant J. C. Wadleigh) to furnish lumber on credit, for the erection of a new…
1Opinion of the Court
Lyon, J".
We find no difficulty in holding with the circuit court, that, as between the plaintiffs and. Mrs. Wadleigh, all of the lumber furnished by the former to the latter, whether for the new house, the outbuildings, the barn or the small house — whether.used upon the “north lot” or the “south lot,” — was furnished under a single contract; that is, under the contract made in the fall of 1867, as modified or enlarged by including in it the lumber for the barn, in the spring of 1869. The lumber having been delivered at different times, but all in pursuance of one contract, and the petition…
2Cases cited2 opinions
- Fowler v. BailleyWisconsin Supreme Court · 1861
- Jessup v. StoneWisconsin Supreme Court · 1861
3Cited by12 opinions
- Goebel v. National Exchangors, Inc.Wisconsin Supreme Court · 1979
- Vilas v. McDonough Manufacturing Co.Wisconsin Supreme Court · 1895
- Evans-Lee Co. v. HotonWisconsin Supreme Court · 1926
- Loudon v. ColemanSupreme Court of Georgia · 1877
- Lampson v. BowenWisconsin Supreme Court · 1877
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