Williams v. Stevens Point Lumber Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Portage County. Action to recover a balance alleged to be due the plaintiff for lumber sold to the defendant.
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APPEAL from the Circuit Court for Portage County. Action to recover a balance alleged to be due the plaintiff for lumber sold to the defendant. The answer, after a general denial, alleges, by way of counterclaim, that the defendant purchased only the pine lumber contained in the piles described in the complaint; that in drawing the agreement or bill of sale the statement that such lumber was pine lumber and that the defendant was to take only such pine lumber, was, by mistake or inadvertence, omitted to be inserted therein; and that there was, in fact, mixed in said piles of lumber a quantity…
1Opinion of the CourtCole, C. J.
Upon the trial of the equitable issue to reform the contract because there had been omitted there*489from, by mistake, certain words, the circuit court made no specific finding of fact, but merely found the issue against the defendant. It is now objected that the court should have filed its decision in writing upon that issue, stating separately the facts found and its conclusions of law thereon. It does* not appear that the attention of the court was called to this matter on the trial, or that the court was asked to make a finding of facts. Such being the case, it follows that the omission to…
2Cases cited2 opinions
- Ganson v. MadiganWisconsin Supreme Court · 1862
- Wrigglesworth v. WrigglesworthWisconsin Supreme Court · 1878
3Cited by8 opinions
- North Hudson Mutual Building & Loan Ass'n v. First National BankWisconsin Supreme Court · 1891
- Finkelstein v. Chicago & North Western Railway Co.Wisconsin Supreme Court · 1935
- Wetzler v. DuffyWisconsin Supreme Court · 1890
- Black River Improvement Co. v. HolwayWisconsin Supreme Court · 1893
- Chicago City Railway Employees' Mutual Aid Ass'n v. HoganAppellate Court of Illinois · 1906
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