Gallun v. Seymour
Wisconsin Supreme Court
APPEALS from the Circuit Court for Milwaukee County. The following statement of the case was prepared by Mr. Justice Taylor as a part of the opinion: Augiost F. and Albert F. Gallun brought an action in the circuit court against Richard A. Seymour, Jr., to recover damages against him for an alleged breach of contract for the delivery of 1,000 cords of hemlock bark.
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APPEALS from the Circuit Court for Milwaukee County. The following statement of the case was prepared by Mr. Justice Taylor as a part of the opinion: Augiost F. and Albert F. Gallun brought an action in the circuit court against Richard A. Seymour, Jr., to recover damages against him for an alleged breach of contract for the delivery of 1,000 cords of hemlock bark. The following is a copy of the contract upon which the action is based, viz.: “ Articles of agreement made and concluded upon at the city of Milwaukee, state of Wisconsin, this 31st day of March, 1887, by and between Seymour…
1Opinion of the CourtTayloR, J.
It will be seen from the facts stated that the learned circuit judge, in getting at the plaintiffs’ damages, applied the 162-f cords delivered in September, and after the time for the delivery of the last instalment of the barb, upon the deficiency of the delivery in June under the contract. The learned counsel for the defendant contends that the 162$ cords delivered in September should have been applied, first, to extinguish the deficiency of bark delivered in August, and the balance to the deficiency delivered in July. The learned counsel for the plaintiffs contend that all the bark…
2Cases cited13 opinions
- Van Rensselaer v. JewettNew York Court of Appeals · 1849
- Chapman v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1870
- Sleeper v. GoodwinWisconsin Supreme Court · 1887
- Yellow River Improvement Co. v. ArnoldWisconsin Supreme Court · 1879
- Hannan v. EngelmannWisconsin Supreme Court · 1880
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