Gill v. Benjamin
Wisconsin Supreme Court
APPEAL from tbe County Court of MiTmcmkee County. Tbe following statement of tbe case was prepared by Mr. Justice Cassoday: Tbe plaintiffs were engaged in tbe business of furnisbing wood by contract at Gill’s Pier, Michigan. Tbe defendant was a wood and coal dealer at Milwaukee.
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APPEAL from tbe County Court of MiTmcmkee County. Tbe following statement of tbe case was prepared by Mr. Justice Cassoday: Tbe plaintiffs were engaged in tbe business of furnisbing wood by contract at Gill’s Pier, Michigan. Tbe defendant was a wood and coal dealer at Milwaukee. March 1, 1884, tbe plaintiffs sent to tbe defendant tbe following written proposition, -which was accepted in writing by tbe defendant, as follows: “ Gill’s Pibe, Mich., March 1, 1884. “ H. M. Benjamin, Mihjocmkee, Wis. “ Deae Sie: We will sell and deliver to you one thousand cords maple wood, to be delivered from…
1Opinion of the CourtCassoday, J.
Tbe facts are undisputed. Does tbe law put tbe loss of the 155 cords of wood upon tbe plaintiifs or the defendant? The contract when made was executory. Tbe plaintiifs thereby agreed to sell and deliver to tbe defendant 1,000 cords of wood. Tbe wood -was to be of tbe kind and quality named in the contract. No particular 1,000 cords of wood was then designated nor described therein. It was all “ to be delivered from Gill’s Pier . . . over tbe rail of tbe vessel.” In was, moreover, “ to be delivered from time to time” at that place, “as wanted, during the season of navigation of 1884.” Tbe…
2Cases cited9 opinions
- Locke v. WilliamsonWisconsin Supreme Court · 1876
- Morrow v. ReedWisconsin Supreme Court · 1872
- Sewell v. EatonWisconsin Supreme Court · 1858
- Fletcher v. IngramWisconsin Supreme Court · 1879
- McConnell v. HughesWisconsin Supreme Court · 1872
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3Cited by6 opinions
- Waupaca Electric Light & Railway Co. v. Milwaukee Electric Railway & Light Co.Wisconsin Supreme Court · 1901
- McMillan v. FoxWisconsin Supreme Court · 1895
- Fromme v. O'DonnellWisconsin Supreme Court · 1905
- McClure v. JeffersonWisconsin Supreme Court · 1893
- Allen v. City of GreenwoodWisconsin Supreme Court · 1912
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