McMillan v. Fox
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Portage county: Chaeles M. Webb, Circuit Judge. Action on contract for tbe balance of tbe contract price of lumber sold. The facts were not materially disputed.
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Appeal from a judgment of tbe circuit court for Portage county: Chaeles M. Webb, Circuit Judge. Action on contract for tbe balance of tbe contract price of lumber sold. The facts were not materially disputed. It appeared on tbe trial that tbe plaintiffs, on tbe 16th day of February, 1892, by written contract, sold to tbe defendants a quantity of pine lumber in piles and sheds in tbe yard of tbe plaintiffs at McMillan, Marathon county, estimated at from two to three million feet, at tbe uniform price of $11 per thousand feet loaded on cars at tbe yard. Tbe lumber was of various grades,…
1Opinion of the CourtWinslow, J.
The contract in question was an executory contract of sale of certain specific piles of lumber. It contemplated a delivery from time to time, as ordered by the defendants, of car-load lots, to be paid for within a certain time after delivery, and so was manifestly severable. As each car-load lot was delivered the contract became, so far as plaintiffs were concerned, an executed contract of sale of the lot so delivered. Gill v. Benjamin, 64 Wis. 362. These principles cannot be doubted.
The contract was for the sale of specific property, and hence must have contemplated the continued existence…
2Cases cited2 opinions
- Dexter v. . NortonNew York Court of Appeals · 1871
- Gill v. BenjaminWisconsin Supreme Court · 1885
3Cited by9 opinions
- Wunderlich v. Palatine Fire InsuranceWisconsin Supreme Court · 1899
- Badger State Lumber Co. v. G. W. Jones Lumber Co.Wisconsin Supreme Court · 1909
- Pearson v. McKinneyCalifornia Supreme Court · 1911
- Merritt v. HaasSupreme Court of Minnesota · 1911
- Vogt v. HeckerWisconsin Supreme Court · 1903
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