Mills v. Chicago & Northwestern Railway Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit-court for Columbia county: E. G-. Siebeoiíeb, Circuit Judge. The facts are stated in the opinion. ' To tbe point that tbe action could not be maintained on both an offer and upon a consummated agreement, but must be maintained if at all on tbe final agreement, they cited Wis. F. <& M. Ins. Go. Bank v. Willem, 95 Wis.
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Appeal from a judgment of the circuit-court for Columbia county: E. G-. Siebeoiíeb, Circuit Judge. The facts are stated in the opinion. ' To tbe point that tbe action could not be maintained on both an offer and upon a consummated agreement, but must be maintained if at all on tbe final agreement, they cited Wis. F. <& M. Ins. Go. Bank v. Willem, 95 Wis. Ill; Elofrson v. Lindsay, 90 Wis. 203; Herbst v. Lowe, 65 Wis. 316; Jones, Evidence,. § 460; Badart v. Foulen, 80 Md. 579; Ohlert v. Alderson, 86 Wis. 433; Oaldwell v. Perhi/ns, 93 Wis. 89; Beers v. North MUwcmlcee T. 8. Go. 93 Wis. 572.
1Opinion of the CourtCassoday, C. J.
This is an action to recover damages for tbe alleged breach of a contract or covenant in failing to keep a certain passageway under tbe railway track open, as it bad for many years previously existed, constituting a part of tbe jDrivate roadway running from tbe public highway on tbe southwesterly side of tbe railway track to tbe premises of tbe plaintiff on tbe northeasterly side of such railway track. Issue being joined and trial bad, tbe court, at the close of tbe testimony on behalf of tbe plaintiffs, granted a nonsuit, and from tbe judgment entered thereon the plaintiffs bring this appeal.
2Cases cited17 opinions
- Schoonmaker v. . HoytNew York Court of Appeals · 1896
- Morris v. . WhitcherNew York Court of Appeals · 1859
- Witbeck v. . WaineNew York Court of Appeals · 1858
- Collins v. TillouSupreme Court of Connecticut · 1857
- Disbrow v. . HarrisNew York Court of Appeals · 1890
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3Cited by4 opinions
- Cuddy v. ForemanWisconsin Supreme Court · 1900
- Hanley v. KraftczykWisconsin Supreme Court · 1903
- Perkins v. McAuliffeWisconsin Supreme Court · 1900
- Illinois Steel Co. v. BudziszWisconsin Supreme Court · 1909