Irish v. Dean
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Dane County. Action upon an account which, the defendant admitted was correct. The controversy arises upon a counterclaim in the answer, in which it is alleged that on the 1st of August, 1871, the defendant and one .Harvey T. Jewett were partners in the farm and dairy business in Dane county, under the name and style of H. T. Jewett & Co., and that before that time the plaintiff had leased the “Part Hotel” in Madison, for five years from…
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APPEAL from tbe Circuit Court for Dane County. Action upon an account which, the defendant admitted was correct. The controversy arises upon a counterclaim in the answer, in which it is alleged that on the 1st of August, 1871, the defendant and one .Harvey T. Jewett were partners in the farm and dairy business in Dane county, under the name and style of H. T. Jewett & Co., and that before that time the plaintiff had leased the “Part Hotel” in Madison, for five years from August 15th, 1871, and, when the contract hereinafter mentioned was made, was engaged in making preparations for opening…
1Opinion of the CourtLyoN, J.
We think tbe circuit coui’i erred in admitting testimony aliunde tbe written contract, to show tbe time tbe parties agreed tbe contract should remain in force. That must be ascertained and determined by tbe court from tbe contract itself, without resort to extraneous evidence; and tbe jury bad no concern with tbe question. This is not tbe case of latent ambiguity in a written contract, which may be explained by parol;' neither is it a case in which tbe parties have reduced to writing a-part of their contract only, leaving tbe residue thereof in parol. On tbe contrary, in this case tbe parties…
2Cited by25 opinions
- Stonega Coal & Coke Co. v. Louisville & Nashville RailroadSupreme Court of Virginia · 1906
- Joliet Bottling Co. v. Joliet Citizens' Brewing Co.Illinois Supreme Court · 1912
- Standard Box Co. v. Mutual Biscuit Co.California Court of Appeal · 1909
- California Wine Asso. v. Wisconsin Liquor Co.Wisconsin Supreme Court · 1963
- Corcoran v. HarranWisconsin Supreme Court · 1882
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