Delaney v. Globe Shipbuilding Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Douglas county: W. R. Foley, Circuit Judge. The appeal is from a judgment dismissing the plaintiff’s complaint. This is an action to recover damages sustained by the plaintiffs, resulting from the sinking of a tug in Superior harbor at the defendant’s dock and of which the defendant had been the owner. On February 23, 1920, it was afloat in Superior harbor, tied to the defendant’s dock, and had been advertised for sale.
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Appeal from a judgment of the circuit court for Douglas county: W. R. Foley, Circuit Judge. The appeal is from a judgment dismissing the plaintiff’s complaint. This is an action to recover damages sustained by the plaintiffs, resulting from the sinking of a tug in Superior harbor at the defendant’s dock and of which the defendant had been the owner. On February 23, 1920, it was afloat in Superior harbor, tied to the defendant’s dock, and had been advertised for sale. Negotiations between the plaintiff Delaney and McKellar, defendant’s manager, were carried on at the yard in Superior after an…
1Opinion of the CourtJones, J.
It was alleged in the complaint that it was mutually agreed that the defendant should sell the tug for the sum of $2,750 “and deliver the same upon full payment of the purchase price in the condition in which it was at the date of said agreement and at the defendant’s dock, afloat and anchored thereat,” and that it was “understood and agreed between the parties that defendant would retain possession of said tug until the full payment of said purchase price was made, and preserve the same from damage or loss, and upon full payment of said purchase price deliver said tug to plaintiffs at the…
2Cases cited1 opinion
- City of Boscobel v. Muscoda Manufacturing Co.Wisconsin Supreme Court · 1921