Gotham v. Wachsmuth Lumber Co.
Wisconsin Supreme Court
Appeal from a judgment of tlie circuit court for Bayfield county: G. N. Risjoed, Circuit Judge. Suit in equity to quiet tlie right of the defendant to remove timber standing on plaintiffs’ lands. In January, 1903, the plaintiff Gotham, who was the owner of the lands in question, sold and conveyed the timber thereon to one Connor, giving the grantee the right to remove the same to January 15, 1909. The full consideration for the timber has been paid.
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Appeal from a judgment of tlie circuit court for Bayfield county: G. N. Risjoed, Circuit Judge. Suit in equity to quiet tlie right of the defendant to remove timber standing on plaintiffs’ lands. In January, 1903, the plaintiff Gotham, who was the owner of the lands in question, sold and conveyed the timber thereon to one Connor, giving the grantee the right to remove the same to January 15, 1909. The full consideration for the timber has been paid. In Eeb-ruary, 1903, Connor conveyed tbe timber and the right of removal of the same to the Red Cliff Lumber Company. The grantees agreed to pay…
1Opinion of the CourtYinje, J.
Did tbe trial court err in bolding that defendant bad tbe right, June 11, 1912, to extend tbe time for tbe removal of tbe timber to June 1, 1913, by tbe payment of $50 ? Plaintiffs claim tbe right to extend was an option, and that, unless it was exercised within tbe time limited, it was waived, and cite Bateman v. Kramer L. Co. 154 N. C. 248, 70 S. E. 474; Powers v. Angola L. Co. 154 N. C. 405, 70 S. E. 629; and Norfolk L. Co. v. Smith, 150 N. C. 253, 63 S. E. 954, as particularly applicable. Tbe wording of tbe options in tbe North Carolina cases differs materially from that wbicb we have…
2Cases cited4 opinions
- Bateman v. Kramer Lumber Co.Supreme Court of North Carolina · 1911
- Western Lime & Cement Co. v. Copper River Land Co.Wisconsin Supreme Court · 1909
- Norfolk Lumber Co. v. SmithSupreme Court of North Carolina · 1909
- Powers v. Angola Lumber Co.Supreme Court of North Carolina · 1911
3Cited by3 opinions
- Rathborne, Hair & Ridgway Co. v. CoffronSupreme Court of Minnesota · 1928
- Sun Lumber Co. v. Thompson Land & Coal Co.West Virginia Supreme Court · 1953
- Sun Lumber Co. v. Thompson Land & Coal Co.West Virginia Supreme Court · 1953