Crosby Hardwood Co. v. Trester
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Eau Claire county: W. E. Bailey, Circuit Judge. The action is replevin for 200,000 feet of hardwood logs. The answer is a general denial. The real defense was that the logs were the property of one Emma R. Thompson, from whose lands they were cut. The plaintiff claimed title by purchase from one C. P. Crosby, who purchased from one Oliver Darwin.
Read the full summary
Appeal from a judgment of the circuit court for Eau Claire county: W. E. Bailey, Circuit Judge. The action is replevin for 200,000 feet of hardwood logs. The answer is a general denial. The real defense was that the logs were the property of one Emma R. Thompson, from whose lands they were cut. The plaintiff claimed title by purchase from one C. P. Crosby, who purchased from one Oliver Darwin. Darwin had an oral contract for their purchase from Thompson, by which it was agreed that the title should remain in the vendor until the purchase price was paid. There was no payment or delivery at the…
1Opinion of the CourtNewman, J.
It is clear that the contract for the sale of the logs by Thompson to Darwin was void for want of compliance with the statute of frauds, and was binding on neither party. It was an agreement for the sale of property for the prioe of more than $50. It was not in writing. Dor was there any delivery or payment at the time. E. S. sec. 2308. Logs to be got out are merchandise which is within the statute. Hanson v. Roter, 64 Wis. 622. The agreement of sale, being void, could not be made valid by the mere payment or tender of even the entire purchase money, afterwards. For that purpose there must be…
2Cases cited7 opinions
- Ballard v. . BurgettNew York Court of Appeals · 1869
- Kingman v. GrahamWisconsin Supreme Court · 1881
- Kerkhof v. Atlas Paper Co.Wisconsin Supreme Court · 1887
- Bates v. ChesebroWisconsin Supreme Court · 1873
- Hanson v. RoterWisconsin Supreme Court · 1885
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Nichols, North, Buse Co. v. Belgium CanneryWisconsin Supreme Court · 1925
- Allen v. City of GreenwoodWisconsin Supreme Court · 1912