Chandler Lumber Co. v. Radke
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Dane -county: E. Ray SteveNS, Circuit'Judge. Plaintiff, lumber dealer in Chicago, on July U, 1906, bad agreed upon a sale of two bills of lumber, specified in detail for two bouses, for wbicb one H. Scbutte, a builder, bad taken contract, amounting to $2,160, and before shipment thereof tbe defendant executed a guaranty in part as follows: “I guarantee tbe payment of tbe above amount to you for lumber and building material'…
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Appeal from a judgment of tbe circuit court for Dane -county: E. Ray SteveNS, Circuit'Judge. Plaintiff, lumber dealer in Chicago, on July U, 1906, bad agreed upon a sale of two bills of lumber, specified in detail for two bouses, for wbicb one H. Scbutte, a builder, bad taken contract, amounting to $2,160, and before shipment thereof tbe defendant executed a guaranty in part as follows: “I guarantee tbe payment of tbe above amount to you for lumber and building material' purchased of you by Mr. H. Scbutte to be delivered free on board cars, Madison, Wis., as per your estimates number 2113 and…
1Opinion of the Court
. The following opinion was filed October 20, 1908:
Dodge, J.
Error is assigned upon the holding of the trial court that the shipping of the lumber so that the purchaser, Schutte, could not obtain it at Madison except by paying the freight charges thereon was a departure from the terms of the contract, and evidence was offered to prove a custom to so ship lumber even under a contract for its delivery free on board at its place of destination. The court’s ruling in this respect must be approved. The expression “free on board” in a contract like this is not ambiguous and therefore not open to…
2Cases cited8 opinions
- Electric Appliance Co. v. United States Fidelity & Guaranty Co.Wisconsin Supreme Court · 1901
- Vogt v. SchienebeckWisconsin Supreme Court · 1904
- Stephens v. ElverWisconsin Supreme Court · 1898
- Cowdery v. HahnWisconsin Supreme Court · 1900
- W. W. Kimball Co. v. BakerWisconsin Supreme Court · 1885
3 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
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- Chris. Schroeder & Son Co. v. OefleinWisconsin Supreme Court · 1932
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