Spencer v. Holman
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Wau-paca county: Chas. M. Webb, Circuit Judga This action was commenced February 26, 1900, to recover damages for the breach of a contract entered into November 26, 1892, by and between the plaintiff and the defendants-Baggs and L. Holman, under their hands and seals, wherein Baggs and L. ITolman agreed, in effect, to log, saw, and pile-all the standing or down pine timber located on the premises ■described (supposed to' be…
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Appeal from a judgment of tbe circuit court for Wau-paca county: Chas. M. Webb, Circuit Judga This action was commenced February 26, 1900, to recover damages for the breach of a contract entered into November 26, 1892, by and between the plaintiff and the defendants-Baggs and L. Holman, under their hands and seals, wherein Baggs and L. ITolman agreed, in effect, to log, saw, and pile-all the standing or down pine timber located on the premises ■described (supposed to' be 500,000 feet, more or less), in the manner therein prescribed, and have same hauled to Rica Lake and piled as therein…
1Opinion of the Court
Cassoday, C. -J.
Four grounds are urged in support of tbe nonsuit in favor of Claris E. Holman. Tbe view we bave taken of tbe case makes it unnecessary to consider all of them. For tbe purposes of tbis appeal, we shall assume that tbe guaranty upon which tbe plaintiff seeks to recover against him in tbis action, although signed several weeks after tbe execution of tbe contract, was neverthelesss based upon a sufficient consideration. That guaranty is set forth in full in tbe foregoing statement of facts. It consists of two clauses. Tbe first simply guaranteed tbe fulfillment of the contract of…
2Cases cited7 opinions
- Webster v. MorrisWisconsin Supreme Court · 1886
- Wiswell v. BaxterWisconsin Supreme Court · 1866
- Phelan v. FitzpatrickWisconsin Supreme Court · 1893
- Duecker v. GoeresWisconsin Supreme Court · 1899
- Quimby v. ShearerSupreme Court of Minnesota · 1894
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Pierce v. StittWisconsin Supreme Court · 1905