Ripley v. Sage Land & Improvement Co.
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Eau Olaire county: James O’Neill, Circuit Judge. Tbe appeal is from a judgment for $1,420.25 in favor of plaintiff. Under date of September 17, 1888, II. W. Sage & Oo. wrote tbe plaintiff as follows: “Tours 12tb received.
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Appeal from a judgment of tbe circuit court for Eau Olaire county: James O’Neill, Circuit Judge. Tbe appeal is from a judgment for $1,420.25 in favor of plaintiff. Under date of September 17, 1888, II. W. Sage & Oo. wrote tbe plaintiff as follows: “Tours 12tb received. We will take and pay for sucb portions of 6,500 acres you describe as you may select after examination on tbe basis proposed by you, i. e. you to examine and locate; attend to paying taxes, if required; and protect from trespass; we to pay for tbe land (to be located in tbe name of H. AV. S.), and furnish money for taxes till…
1DissentBarnes, J.
Tbe contract between the parties was plain and unambiguous. Under it tbe defendant bad no right whatever to compound interest. Its counsel does not claim or argue that it bad sucb right. Tbe defendant suffered no loss, wrong, or injury by reason of tbe failure of tbe plaintiff to object to tbe statement of tbe account as rendered. It does not claim any injury by reason of sucb failure. There was no controversy between tbe parties, before or at tbe time of the remittance, as to what amount was due. It was a mere matter of mathematical calculation, under a plain contract, to ascertain it. By…
2Cases cited16 opinions
- Bostwick v. Mutual Life Insurance Co.Wisconsin Supreme Court · 1903
- Pabst Brewing Co. v. City of MilwaukeeWisconsin Supreme Court · 1905
- Weidner v. Standard Life & Accident InsuranceWisconsin Supreme Court · 1906
- Rose v. BradleyWisconsin Supreme Court · 1895
- Klauber v. WrightWisconsin Supreme Court · 1881
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