Jones v. Foster
Wisconsin Supreme Court
APPEAL from the Circuit Court for Jaohson County. Action to recover damages for the breach of a written contract. The following statement of the case was prepared by Mr. Justice Cassoday: November 12, 1816, the defendant Foster owned a lot of timbered lands in Clark county, "Wisconsin, and a saw-mill in the town of Mentor, in that county. On the day named a large portion of the mill and machinery was destroyed bjr fire.
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APPEAL from the Circuit Court for Jaohson County. Action to recover damages for the breach of a written contract. The following statement of the case was prepared by Mr. Justice Cassoday: November 12, 1816, the defendant Foster owned a lot of timbered lands in Clark county, "Wisconsin, and a saw-mill in the town of Mentor, in that county. On the day named a large portion of the mill and machinery was destroyed bjr fire. January 15, 1877, the plaintiffs, Chcurles Merrill and Samuel TL Jones, and one Cummings Merrill, were co-partners engaged in manufacturing and sawing logs into lumber and…
1Opinion of the CourtCassoday, J.
The testimony given upon the trial is not all preserved in the record. In fact, it is conceded that only a very small portion of it is so preserved; and that only so far as it covered certain points involved in the motion to set aside the verdict and for a new trial. The questions here presented arise upon the pleadings and the facts as found by the special verdict.
1. It is said there is a defect of parties plaintiff, in the -omission of Cummings Merrill, who was a partner of the plaintiffs in making the contract upon which the action is ■brought, and continued to be such for nearly a year…
2Cases cited10 opinions
- Putney v. FarnhamWisconsin Supreme Court · 1870
- Johannes v. Phenix Insurance Co. of BrooklynWisconsin Supreme Court · 1886
- McLimans v. City of LancasterWisconsin Supreme Court · 1885
- Palmeter v. CareyWisconsin Supreme Court · 1885
- Redmon v. Phœnix Fire InsuranceWisconsin Supreme Court · 1881
5 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Cameron v. WhiteWisconsin Supreme Court · 1889
- Jenks v. AllenWisconsin Supreme Court · 1913
- Theresa Village Mutual Fire Insurance Co. v. Wisconsin Central Railway Co.Wisconsin Supreme Court · 1911
- Smith v. KiblingWisconsin Supreme Court · 1897
- Town of Mt. Pleasant v. WerleinCourt of Appeals of Wisconsin · 1984
3 more not listed; retrieve them via the Exa API.