Forster Lumber Co. v. Atkinson
Wisconsin Supreme Court
Appeal from a judgment of the superior court of Milwaukee county: B. N. AustiN, Judge. The facts of the case are stated in the opinion.
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Appeal from a judgment of the superior court of Milwaukee county: B. N. AustiN, Judge. The facts of the case are stated in the opinion. To the point that the contract was several and not joint and several, they cited JDwelley v. JDwelley, 143 Mass. 509; Frost v. Williams, 2 S. Dak. 457; Morrow v. lander, 77 Wis. 77; 1 Addison, Cont. 77, 79; Pollock, Cont. 453; Wilson v. Wilson, 5 H. L. Cas. 40, 66; In re De La Touohis Settlement, L. R. 10 Eq. 599, 603; Wiliam, v. Wiliam, 16 Yes. 72, 84; S. 0. 2 Dow, 275; Stanley v. G., G. & G. R. Go. 18 Ohio St. 552; Full-mer v. Foust, 155 Pa. St. 275, 35 Am.…
1Opinion of the CourtCassoday, C. J.
At the times herein mentioned the defendant Mrs. Fra/nees A. Atkinson was the owner and in possession of the lands described. December 1,1892, Anton Mauk, G. W. Canner & Co., Cook & Hyde, the Winkle Terra Cotta Company, Richard Riesen, Jr., Oharles and Arthwr Polaeheok, and James Toombs, as parties of the first part, entered into a written agreement with Mrs. Atkinson, as party of the second part, wherein and whereby “ the said party of the first part, jointly and severally, their heirs, executors, administrators, and assigns,” for and in consideration of the payments to be made by the party…
2Cases cited3 opinions
- Hudson v. McCartneyWisconsin Supreme Court · 1873
- Wendt v. VogelWisconsin Supreme Court · 1894
- Stoel v. FlandersWisconsin Supreme Court · 1887
3Cited by4 opinions
- Davis v. La Crosse Hospital Ass'nWisconsin Supreme Court · 1904
- First Savings & Trust Co. v. Milwaukee CountyWisconsin Supreme Court · 1914
- J. B. Alfree Manufacturing Co. v. HenryWisconsin Supreme Court · 1897
- Gregivere v. ChalkerMichigan Supreme Court · 1900