Choate v. Hoogstraat
Court of Appeals for the Seventh Circuit
In Error to the Circuit Court of the United States for the Eastern District of Wisconsin. On October 17, 1893, the defendants in error, who were the plaintiffs below, and the firm of Brown & Bobbins, contracted with the Fair Lumber Company, a corporation, by which the former sold to the latter, and agreed to manufacture for it,-the lumber of certain specified grades contained in and to be manufactured from pine timber upon certain specified lands in the state of Michigan, at…
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In Error to the Circuit Court of the United States for the Eastern District of Wisconsin. On October 17, 1893, the defendants in error, who were the plaintiffs below, and the firm of Brown & Bobbins, contracted with the Fair Lumber Company, a corporation, by which the former sold to the latter, and agreed to manufacture for it,-the lumber of certain specified grades contained in and to be manufactured from pine timber upon certain specified lands in the state of Michigan, at prices stated in the contract, namely, $10.50 per 1,000 feet for the lumber; the prices for the shingle and lath…
1Opinion of the CourtJenkins, Circuit Judge
We are of opinion that the court below properly excluded the evidence offered for the purpose of showing that the debt of the Fair Lumber Company to the defendants in error had been fully paid, and this because no plea of payment had been made. The plea was one of accord and satisfaction, — that the defendants in error in May, 1895, in final settlement of the agreement of November 20, 1894, received- from the plaintiff in error and accepted $19,232.70 worth of lumber in settlement and payment of their claim and demand against the Fair Lumber Company. The evidence failed to sustain this plea,…
2Cases cited9 opinions
- Davis v. PatrickSupreme Court of the United States · 1891
- Leonard v. VredenburghNew York Supreme Court · 1811
- Emerson v. SlaterSupreme Court of the United States · 1860
- White v. . RintoulNew York Court of Appeals · 1888
- Hoile v. BaileyWisconsin Supreme Court · 1883
4 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Jones v. GuiceDistrict of Columbia Court of Appeals · 1948
- Kelsey v. MunsonCourt of Appeals for the Eighth Circuit · 1912
- Maxey v. RideoutU.S. Circuit Court for the District of Eastern Wisconsin · 1909
- Bell v. CascadenDistrict Court, D. Alaska · 1918