Rib Falles Lumber Co. v. Lesh & Mathews Lumber Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Marathon county: A. H. Reid, Circuit Judge. This is an action to recover the balance alleged to be due for lumber delivered on a contract. The alleged contract is one for the sale of a stock of lumber to be thereafter manufactured.
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Appeal from a judgment of the circuit court for Marathon county: A. H. Reid, Circuit Judge. This is an action to recover the balance alleged to be due for lumber delivered on a contract. The alleged contract is one for the sale of a stock of lumber to be thereafter manufactured. The contract enumerates the kinds and the estimates of the quantities of the lumber embraced in the contract and continues as f ollows: “It is understood that the above amounts are estimated and that the sale and purchase includes all the stock of the different kinds mentioned which the party of the first part will…
1Opinion of the CourtSiebecKeu, J.
The court ruled to exclude all the evidence ■of the defendant to sustain its answer, upon the ground that it had no license to do business in this state, and hence, under the provisions of sec. 17705, Stats. (1898), as amended, is precluded from asserting a right to any relief in this action. The court was of the opinion that the matters alleged by the defendant in answer to the plaintiff’s complaint consisted •of new matter which was in its nature and substance an independent cause of action or counterclaim in its favor and hence mot enforceable, since the right so asserted arises out of…
2Cases cited5 opinions
- Windsor v. McVeighSupreme Court of the United States · 1876
- Manning v. School District No. 6Wisconsin Supreme Court · 1905
- Ashland Lumber Co. v. Detroit Salt Co.Wisconsin Supreme Court · 1902
- Washburn v. DoschWisconsin Supreme Court · 1887
- Heckman v. SwartzWisconsin Supreme Court · 1882
3Cited by8 opinions
- Bazan v. Kux MacHine Co.Wisconsin Supreme Court · 1971
- Lanz-Owen & Co. v. Garage Equipment Manufacturing Co.Wisconsin Supreme Court · 1913
- Wisconsin Trust Co. v. MundayWisconsin Supreme Court · 1918
- Burley Newspapers, Inc. v. Mist Publishing Co.Idaho Supreme Court · 1966
- American Slicing Machine Co. v. JaworskiWisconsin Supreme Court · 1923
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