Rogers-Ruger Co. v. McCord
Wisconsin Supreme Court
Appeal from a judgment of the superior court of Douglas • county: Chas. Smith, Judge. The defendant haying, through the intermediation of the plaintiff, obtained from on© Lovejoy an option to purchase the timber upon certain landsi for $15,500, on September 18, 1901, executed to* it a written agreement reciting such option, and agreeing “that, in case of an acceptance of said option and sale of said timber, the said Warren B. McCord hereby agrees to give the said…
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Appeal from a judgment of the superior court of Douglas • county: Chas. Smith, Judge. The defendant haying, through the intermediation of the plaintiff, obtained from on© Lovejoy an option to purchase the timber upon certain landsi for $15,500, on September 18, 1901, executed to* it a written agreement reciting such option, and agreeing “that, in case of an acceptance of said option and sale of said timber, the said Warren B. McCord hereby agrees to give the said Rogers-Ruger Company one half of the profits of such sale over and above the purchase price of said timber from said A. P.…
1Opinion of the Court
Dodge, T.
The present action is based squarely upon the contract between the parties to enforce payment of money according to the terms of that contract, not to recover damages because of breach or renunciation. It is therefore essential- that plaintiff establish those facts which, by the terms of the agreement, were the precedent condition of defendant’s duty to pay. 1 Beach, Mod. Cont. § 409; McCormick v. Basal, 46 Iowa, 235; Lake Shore & M. S. R. Co. v. Richards, 152 Ill. 59, 38 N. E. 773; Hanna v. Mills, 21 Wend. 90; Dingley v. Oler, 117 U. S. 490, 6 Sup. Ct. 850. One of those conditions…
2Cases cited6 opinions
- Lake Shore & Michigan Southern Railway Co. v. RichardsIllinois Supreme Court · 1894
- Dingley v. OlerSupreme Court of the United States · 1886
- Hanna v. MillsNew York Supreme Court · 1839
- Lombard v. McMillanWisconsin Supreme Court · 1897
- McCormick v. BasalSupreme Court of Iowa · 1877
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Stokes v. WalkerCourt of Appeals of Georgia · 1918
- Fairchild v. Gray, New York County Courts1930
- Grennan v. ForgeronCourt of Appeals of Texas · 1937
- Muhoberac v. Saloon, Inc.Louisiana Court of Appeal · 1968
- Abbott v. RecordMissouri Court of Appeals · 1950
2 more not listed; retrieve them via the Exa API.