Murphy v. Sagola Lumber Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Brown county: Samuel D. Hastings, Circuit Judge. This is an action for the breach of a contract for the sale- and delivery of a quantity óf lumber. The plaintiffs are box manufacturers doing business at Green Bay, and the defendant is a corporation manufacturing lumber at Sagola, Michigan.
Read the full summary
Appeal from a judgment of the circuit court for Brown county: Samuel D. Hastings, Circuit Judge. This is an action for the breach of a contract for the sale- and delivery of a quantity óf lumber. The plaintiffs are box manufacturers doing business at Green Bay, and the defendant is a corporation manufacturing lumber at Sagola, Michigan. On the 4th of September, 1902, the parties entered' into the following written contract: ■ “GREEN Bay, Wisconsin,. September 4, 1902. "Sagola Lumber Company, Sagola, Mich. “Gentlemen : We agree to pay to the Sagolrn Lumber Company, $10.00 per M. for one…
1Opinion of the CourtWiBrsnow, J.
The trial court held that the defendant breached the contract by refusing to forward lumber until the plaintiffs forwarded the last half of the consideration. Were there no other facts bearing upon the refusal to forward the lumber we should have no difficulty in agreeing with the *367conclusion, but there are other undisputed facts which seem to ns of paramount importance and which demonstrate that the plaintiffs first breached the contract.
The contract was simple and easily understood. It provided for the purchase by the plaintiffs and the delivery by the defendant of 1,000,000 feet of lumber…
2Cited by12 opinions
- Katz v. Delohery Hat Co.Supreme Court of Connecticut · 1922
- Badger State Lumber Co. v. G. W. Jones Lumber Co.Wisconsin Supreme Court · 1909
- Chess & Wymond Co. v. La Crosse Box Co.Wisconsin Supreme Court · 1921
- Gedanke v. Wisconsin Evaporated Milk Co.Wisconsin Supreme Court · 1934
- Levy v. RadkayMassachusetts Supreme Judicial Court · 1919
7 more not listed; retrieve them via the Exa API.