Brittingham & Hixon Lumber Co. v. Manson
Wisconsin Supreme Court
Appeal from an order of the circuit court for Marathon county: W. C. SilveethoeN, Circuit Judge. Appeal by plaintiff from an order sustaining a general 'demurrer to the complaint, which set forth substantially the following facts: Plaintiff was engaged in an extensive wholesale and retail lumber business, in which it was its custom to contract for .and purchase large quantities of lumber, in order that it might have in advance a fixed and sufficient supply to meet its trade…
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Appeal from an order of the circuit court for Marathon county: W. C. SilveethoeN, Circuit Judge. Appeal by plaintiff from an order sustaining a general 'demurrer to the complaint, which set forth substantially the following facts: Plaintiff was engaged in an extensive wholesale and retail lumber business, in which it was its custom to contract for .and purchase large quantities of lumber, in order that it might have in advance a fixed and sufficient supply to meet its trade and contracts, to the knowledge of the defendant. Prior to September 13, 1897, plaintiff endeavored to purchase from…
1Opinion of the CourtDodge, J.
The respective parties present antagonistic views as to the force and effect of the contract set forth in the complaint. The plaintiff contends that thereby defendant agreed to deliver to it all of the lumber, lath, and shingles which could be manufactured from all of the timber upon the lands mentioned, within three years from the date of the agreement; approximately one third each year, so that it was an entire contract to deliver to it, in approximately equal thirds in each of these three years, the entire product of all the pine timber, — • so definite in its scope and time of performance…
2Cases cited5 opinions
- United States v. PeckSupreme Court of the United States · 1880
- Lyman v. BabcockWisconsin Supreme Court · 1876
- State ex rel. Heiden v. RyanWisconsin Supreme Court · 1898
- Hoffman v. MaffioliWisconsin Supreme Court · 1899
- Teipel v. MeyerWisconsin Supreme Court · 1900
3Cited by12 opinions
- Excelsior Wrapper Co. v. MessingerWisconsin Supreme Court · 1903
- State ex rel. Vilas v. WhartonWisconsin Supreme Court · 1903
- Western Lime & Cement Co. v. Copper River Land Co.Wisconsin Supreme Court · 1909
- Hoffman v. Eastern Wisconsin Railway & Light Co.Wisconsin Supreme Court · 1908
- Hackley National Bank v. BarryWisconsin Supreme Court · 1909
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