Pratt v. Peck
Wisconsin Supreme Court
APPEAL from the Circuit Court for Winnebago County. The following statement of the case was prepared by Mr. Justice Cassoday: This is an action to recover the purchase price of 400,000 feet of lumber, the most of which was destroyed by fire while piled in the plaintiff’s mill-yard at Oshkosh. August 9, 1883, the plaintiff was the owner of a saw-mill in Oshkosh, and engaged in the business of manufacturing saw-logs into lumber.
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APPEAL from the Circuit Court for Winnebago County. The following statement of the case was prepared by Mr. Justice Cassoday: This is an action to recover the purchase price of 400,000 feet of lumber, the most of which was destroyed by fire while piled in the plaintiff’s mill-yard at Oshkosh. August 9, 1883, the plaintiff was the owner of a saw-mill in Oshkosh, and engaged in the business of manufacturing saw-logs into lumber. Near the plaintiff’s premises, but in a different block, the defendants, at the same time, owned a sash, door, and blind factory, and were engaged in the manufacture of…
1Opinion of the CourtCassoday, J.
The parties substantially agreed in several particulars, and in a few they radically differ. It is admitted that August 9, 1883, the defendants agreed to1 purchase of the plaintiff 1,000,000 feet of lumber, of wfhich 600,000 feet was dry and then in piles in the plaintiff’s mill-yard, and that the balance of 400,000 feet was to be the first thereafter sawed by the plaintiff, and to be piled in the plaintiff’s mill-yard, and there remain until dry in the spring. It is agreed that all the lumber was to be of the several dimensions, kinds, and qualities named, and that the defendants were to pay…
2Cases cited2 opinions
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- Sherman v. Menominee River Lumber Co.Wisconsin Supreme Court · 1890
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- Liberty Tea Co. v. La Salle Fire InsuranceWisconsin Supreme Court · 1932
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