Shores Lumber Co. v. Stitt
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Ashland county: John K. Parish, Circuit Judge. Action for damages for breach of contract and to recover for the use of the right of way of a railroad.
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Appeal from a judgment of tbe circuit court for Ashland county: John K. Parish, Circuit Judge. Action for damages for breach of contract and to recover for the use of the right of way of a railroad. The case was tried by a referee wbo found the facts as to the various claims for damages and for the use of the railroad right of way in favor of the defendants, and found that there was a sum of .money due the defendants on counterclaims pleaded by them, which findings were approved by the trial court, and in accordance with which judgment was rendered. The evidence in the case is very voluminous…
1Opinion of the CourtMarshall, J.
The first assignment of error is that the circuit court erred in finding a parol modification of those portions of the written contracts which required a delivery of 35,000,000 feet of logs per year. Whether such modification was made or not was a question of fact, and the finding in regard to it is binding on this court unless we can say it is against the clear preponderance of the evidence. After a careful consideration of that part of the record bearing'on the subject we are unable to disturb the decision of the trial court, testing it by the rule referred to. To our minds the evidence…
2Cases cited2 opinions
- Hewitt v. John Week Lumber Co.Wisconsin Supreme Court · 1890
- Walker v. SymsMichigan Supreme Court · 1898
3Cited by16 opinions
- Laycock v. ParkerWisconsin Supreme Court · 1899
- International Harvester Co. of America v. McAdamWisconsin Supreme Court · 1910
- Miller v. Germain Seed & Plant Co.California Supreme Court · 1924
- Ross v. Northrup, King & Co.Wisconsin Supreme Court · 1914
- Westbrook v. WattsCourt of Appeals of Texas · 1954
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