Chandler Lumber Co. v. Radke
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Dane -county: E. Ray SteveNS, Circuit'Judge. Plaintiff, lumber dealer in Chicago, on July U, 1906, bad agreed upon a sale of two bills of lumber, specified in detail for two bouses, for wbicb one H. Scbutte, a builder, bad taken contract, amounting to $2,160, and before shipment thereof tbe defendant executed a guaranty in part as follows: “I guarantee tbe payment of tbe above amount to you for lumber and building material'…
Read the full summary
Appeal from a judgment of tbe circuit court for Dane -county: E. Ray SteveNS, Circuit'Judge. Plaintiff, lumber dealer in Chicago, on July U, 1906, bad agreed upon a sale of two bills of lumber, specified in detail for two bouses, for wbicb one H. Scbutte, a builder, bad taken contract, amounting to $2,160, and before shipment thereof tbe defendant executed a guaranty in part as follows: “I guarantee tbe payment of tbe above amount to you for lumber and building material' purchased of you by Mr. H. Scbutte to be delivered free on board cars, Madison, Wis., as per your estimates number 2113 and…
1Dissent 1
The following opinion was filed November 11, 1908:
2Dissent · KeewotKeewot, J.
I cannot agree -with the majority opinion that the payment of freight changed the contract in any material particular. The amount of freight paid was simply an advancement of a portion of the purchase price before the same became due, and was credited upon the contract. While Schutte was not required to pay any portion of the purchase price before due, still the payment of the freight, which was credited upon the purchase price and decreased to that extent the obligation of the surety, cannot, in my opinion, be held a material alteration of…
3Cases cited5 opinions
- City of Madison v. American Sanitary Engineering Co.Wisconsin Supreme Court · 1903
- Stephens v. ElverWisconsin Supreme Court · 1898
- Groendyke v. MusgraveSupreme Court of Iowa · 1904
- Grafton v. HinkleyWisconsin Supreme Court · 1901
- Feustmann v. Estate of GottMichigan Supreme Court · 1887