Boyington v. Sweeney
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Price County. Tbe following statement of tbe case was prepared by Mr. Justice Taylor as a part of tbe opinion: Tbe plaintiffs, Boyi/ngton dk Atwell, brought tbis action against tbe respondent, Sweeney, to recover damages for tbe nonperformance of a contract of wbicb tbe following is a copy, viz.: “ Tbis agreement, made and entered into tbis 15th day of July, 1886, by and between Jamies Sweeney, of Price county, Wisconsin, party of tbe first…
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APPEAL from tbe Circuit Court for Price County. Tbe following statement of tbe case was prepared by Mr. Justice Taylor as a part of tbe opinion: Tbe plaintiffs, Boyi/ngton dk Atwell, brought tbis action against tbe respondent, Sweeney, to recover damages for tbe nonperformance of a contract of wbicb tbe following is a copy, viz.: “ Tbis agreement, made and entered into tbis 15th day of July, 1886, by and between Jamies Sweeney, of Price county, Wisconsin, party of tbe first part, and Boyington & Atwell, of Price county, Wisconsin, party of tbe second part, witnessetb, that said party of tbe…
1Opinion of the CourtTatloe, J.
The contention made by tbe learned counsel for tbe plaintiffs is that, as tbe written contract between tbe parties does not state who shall furnish tbe cars upon which tbe logs were to be loaded at tbe switch, it was improper to admit parol evidence for tbe purpose of showing that tbe plaintiffs were to furnish them.' This objection was not much relied upon by tbe learned counsel on tbe argument in this court, and it is evident to us that, in tbe absence of any evidence on tbe subject except tbe contract itself, the learned judge was right in instructing tbe jury that it was tbe duty of tbe…
2Cases cited32 opinions
- Pollen v. . Le RoyNew York Court of Appeals · 1864
- Williams v. Bank of the United StatesSupreme Court of the United States · 1829
- Hunter v. . WetsellNew York Court of Appeals · 1881
- Bement v. SmithNew York Supreme Court · 1836
- Stewart Howell v. . KeteltasNew York Court of Appeals · 1867
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3Cited by19 opinions
- Elliott v. HowisonSupreme Court of Alabama · 1906
- Gross v. HeckertWisconsin Supreme Court · 1904
- Vogt v. SchienebeckWisconsin Supreme Court · 1904
- John O'Brien Lumber Co. v. WilkinsonWisconsin Supreme Court · 1903
- Badger State Lumber Co. v. G. W. Jones Lumber Co.Wisconsin Supreme Court · 1909
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