Malueg v. Hatten Lumber Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Shawano •county: JohN GoodlaNd, Circuit Judge. Action to recover on a contract for a claimed balance for sawlogs sold defendant by plaintiffs at a stipulated price. Defendant answered putting in issue plaintiffs’ claim as to the agreed price for the logs and as to there being a balance due.
Read the full summary
Appeal from a judgment of the circuit court for Shawano •county: JohN GoodlaNd, Circuit Judge. Action to recover on a contract for a claimed balance for sawlogs sold defendant by plaintiffs at a stipulated price. Defendant answered putting in issue plaintiffs’ claim as to the agreed price for the logs and as to there being a balance due. It pleaded as a defense that, for the purpose of supplying its mill with a stock of sawlogs for the manufacturing season, of 1906, it contracted in writing with, plaintiffs to cnt into sawlogs and deliver to it at a specified place, during the winter of 1905…
1Opinion of the CourtMabshall, J.
This case is ruled by a few familiar legal-principles.
Keeping in mind the conceded fact that respondents-hreached the contract in question by neglecting to deliver -to-appellant all the saw timber standing upon the land manufactured into sawlogs, properly scaled, by the close of the-logging season of 1906, the first principle to he mentioned is that a person, at law, may of right breach his contract with another and subject himself to the burden of such damages-for the benefit o£ such other as may he necessary to remedy the breach. Ward v. Am. H. F. Co. 119 Wis. 12, 96 N. W. 388.
It follows…
2Cases cited10 opinions
- Guetzkow Bros. v. A. H. Andrews & Co.Wisconsin Supreme Court · 1896
- Gross v. HeckertWisconsin Supreme Court · 1904
- Richardson v. ChynowethWisconsin Supreme Court · 1870
- Kelley, Maus & Co. v. La Crosse Carriage Co.Wisconsin Supreme Court · 1903
- Hill v. ChipmanWisconsin Supreme Court · 1884
5 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Foss v. HeinemanWisconsin Supreme Court · 1910
- Lincoln v. Charles Alshuler Manufacturing Co.Wisconsin Supreme Court · 1910
- Haueter v. MartyWisconsin Supreme Court · 1914
- German American Bank v. Webster Manufacturing Co.Wisconsin Supreme Court · 1911
- Rhinelander Paper Co. v. BushmanWisconsin Supreme Court · 1923
1 more not listed; retrieve them via the Exa API.