Smith v. Scott
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Winnebago County. This action was between tbe same parties as that just reported (p. 42(1), and was founded upon tbe written contract there set forth. It was brought to recover damages for several breaches of that contract on defendant’s part.
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APPEAL from tbe Circuit Court for Winnebago County. This action was between tbe same parties as that just reported (p. 42(1), and was founded upon tbe written contract there set forth. It was brought to recover damages for several breaches of that contract on defendant’s part. The testimony seems to be directed to the following alleged breaches: L The failure of defendant to employ a sufficient number of men and teams on section 3 to cut, haul and bank 1,200,000 feet of timber, in the season of 1868-9, as agreed; 2. His failure to divide and account for all the logs which he out and ran into…
1Opinion of the Court
Lyoít, J.
I. The objection that tbe written agreement upon wbicb tbis action is predicated, is invalid because not stamped with an internal revenue stamp as the acts of congress, at the time it was executed, required that it should be, is not well taken. There is no evidence that the stamp was fraudulently omitted therefrom. "We have held in several cases that, in the absence of such evidence, no written instrument is void for want of a stamp, although the law provides that it must be stamped. Rheinstrom v. Cone, 26 Wis., 163; Grant v. The Conn. Mutual Life Ins. Co., 29 id., 125; Timp v.…
2Cases cited3 opinions
- State v. HillWisconsin Supreme Court · 1872
- Rheinstrom v. ConeWisconsin Supreme Court · 1870
- John v. StateWisconsin Supreme Court · 1868
3Cited by2 opinions
- Western Lime & Cement Co. v. Copper River Land Co.Wisconsin Supreme Court · 1909
- Schmidt v. Town of AlmonWisconsin Supreme Court · 1923