Kline v. Comstock
Wisconsin Supreme Court
APPEAL from the Circuit Court for Lincoln County. Action to enforce a lien for labor upon logs. The case is thus stated by Mr. Justice Cassoday : “ In October, 1883, the Comstocks made a contract with the Babcocks for the purchase of the logs in question, which the Babcocks were to cut, put in, and deliver in the Merrill boom, at Merrill, and for which the Comstocks were to pay them according to the logging scale,— the common way of buying logs.
Read the full summary
APPEAL from the Circuit Court for Lincoln County. Action to enforce a lien for labor upon logs. The case is thus stated by Mr. Justice Cassoday : “ In October, 1883, the Comstocks made a contract with the Babcocks for the purchase of the logs in question, which the Babcocks were to cut, put in, and deliver in the Merrill boom, at Merrill, and for which the Comstocks were to pay them according to the logging scale,— the common way of buying logs. In December, 1883, the Babcocks, or the Bab-cocks and the Comstocks together, employed the plaintiff to scale the logs, at $50 per month; and he…
1Opinion of the CourtCassoday, J.
Exception is taken because the court charged the jury, in effect, that if the plaintiff was employed as scaler by the Babcocks, or by them and the Com-*476stocks jointly, then it was competent for the Babcocks to further employ him to load logs; and if they did, and he performed such work, then they were liable to him therefor, and the same was a lien upon the logs in addition to the amount he earned as scaler; that if the plaintiff contracted with the Comstocks "alone, and fully and fairly performed his work as such scaler, he had a right to perform any further work for the Babcocks upon the…
2Cited by3 opinions
- Kidder v. Nekoma Lumber Co.Oregon Supreme Court · 1952
- Puget Sound Log Scaling & Grading Bureau v. Danaher Lumber Co.Washington Supreme Court · 1922
- Kidder v. Nekoma Lumber Co.Oregon Supreme Court · 1952