Hodge v. Sawyer
Wisconsin Supreme Court
APPEAL from the Circuit Court for Jefferson County. This action was commenced in February, 1870, in justice’s court; was appealed to the circuit court, and tried before a referee; and the plaintiff recovered judgment, from which the defendant appealed to this court.
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APPEAL from the Circuit Court for Jefferson County. This action was commenced in February, 1870, in justice’s court; was appealed to the circuit court, and tried before a referee; and the plaintiff recovered judgment, from which the defendant appealed to this court. The action is upon the following instrument in writing: “In consideration of the benefits to me, derived from the removal of the dam across Rock River at Horicon, or the recovery of my damage caused by said dam, I promise to pay Ira Hodge or order, for his expenses or exertions for obtaining such removal or damages, on demand…
1Opinion of the CourtLyoN, J.
I. It becomes necessarv at the outset to deter- . . mine the true construction of the instrument upon which this action is brought. The sum mentioned therein is, by the terms of the instrument, made payable on demand after the dam shall be removed, or after the defendant shall recover his damages caused by the dam. The reasonable construction of this language, and the one which obviously effectuates the true intent and meaning of the parties thereto, is, that the money is payable on demand, whenever the defendant shall have recov-*403erect the damages sustained by him by means of the erection and…
2Cited by4 opinions
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- Eadie v. EadieMontana Supreme Court · 1911