Allen v. Wolf River Lumber Co.
Wisconsin Supreme Court
Appeals from a judgment of the municipal court of Langlade county: T. W. Hogan, Judge. Action to recover damages for breach of a contract to deliver certain tan-bark sold to plaintiff. June 25, 1915, defendant wrote plaintiff at Buffalo, New York, as follows: “Your card of the 23d received. I am peeling about a thousand cords of bark this year; have now between 600 and 700 cords peeled from the tree.
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Appeals from a judgment of the municipal court of Langlade county: T. W. Hogan, Judge. Action to recover damages for breach of a contract to deliver certain tan-bark sold to plaintiff. June 25, 1915, defendant wrote plaintiff at Buffalo, New York, as follows: “Your card of the 23d received. I am peeling about a thousand cords of bark this year; have now between 600 and 700 cords peeled from the tree. The most of this will not be shipped until sleighing comes along about the first of the year. ... I will sell you the 500 or 1,000 cords of bark, 2,240 pounds to the cord, for $13.50 f. o. b.…
1Opinion of the CourtVinje, J.
Plaintiff appealed because he, claimed the amount of bark sold was 1,000 cords; the place of delivery was Olean, New York; and the measure of damages the difference between the contract price and the market price of bark at Olean at the time of the breach. The defendant appealed because it claimed the amount of bark sold was 317 cords and did not include the 200 cords bought at Mattoon; the place of deliveiy was Antigo; and the measure of damages the difference between $12, less $5.82, the freight rate from Antigo, and the market price at Antigo, which it claimed did not exceed $6.25 per…
2Cases cited5 opinions
- Vogt v. SchienebeckWisconsin Supreme Court · 1904
- McLaughlin v. MarstonWisconsin Supreme Court · 1891
- Southern Flour & Grain Co. v. McGeehanWisconsin Supreme Court · 1910
- Gehl v. Peycke Bros. Commission Co.Wisconsin Supreme Court · 1914
- Pope Metals Co. v. SadekWisconsin Supreme Court · 1912
3Cited by5 opinions
- Thomas G. Jewett, Jr. Inc. v. Keystone Driller Co.Massachusetts Supreme Judicial Court · 1933
- Lambert Corporation v. Robert B. Evans and Walter E. Haines, D/B/A M-B Company, a PartnershipCourt of Appeals for the Seventh Circuit · 1978
- Stewart v. HansenUtah Supreme Court · 1923
- Oliver v. HenleyCourt of Appeals of Texas · 1929
- Scaramelli & Co. v. Courteen Seed Co.Wisconsin Supreme Court · 1928