Everett v. Gores
Wisconsin Supreme Court
' Appeal from á judgment of- the county court óf Winhe-■bago county: 0. D. OlevelaNd, Judge. Peter Schmit, Henry Schmit, and William Poole were co-partners doing business under the firm name of Schmit Bros. & Oo.; and J. B. Everett was the owner in fee of the lands described.
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' Appeal from á judgment of- the county court óf Winhe-■bago county: 0. D. OlevelaNd, Judge. Peter Schmit, Henry Schmit, and William Poole were co-partners doing business under the firm name of Schmit Bros. & Oo.; and J. B. Everett was the owner in fee of the lands described. On December 1, 1885, the said Everett entered into an agreement with the said Schmit Bros. & Oo., wherein Schmit Bros. & Oo. agreed, in effect, to pay to said Everett $1,050, at the times and in the manner designated, as «the purchase price of the pine on the lands described. Said agreement contained the following…
1Opinion of the CourtCassoday, J.
It is undisputed that Schmit Bros. & Co. cut 40,000 feet of pine from the land less than ten inches at the top. Such pine was expressly reserved by Everett in the contract. The value of such pine was $3 in the stump and $10 when manufactured into lumber. The trial court refused to allow judgment for the larger amount, and ordered judgment for the smaller amount. The statute provides, in effect, that in all actions to recover the- value of timber wrongfully cut upon the land of the plaintiff the highest market value of such timber in whatsoever place, shape, or *424condition, manufactured or…
2Cited by5 opinions
- State v. Brooks-Scanlon Lumber Co.Supreme Court of Minnesota · 1915
- Everett v. GoresWisconsin Supreme Court · 1896
- Pederson v. North Yakima & East Selah Irrigation Co.Washington Supreme Court · 1911
- Jeske v. Hotz Manufacturing Co.Wisconsin Supreme Court · 1941
- Pettingill v. GouletWisconsin Supreme Court · 1908