Rib River Lumber Co. v. Ogilvie
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Douglas •county: A. J. ViNje, Circuit Judge. This is an action for breach of contract for the sale of lumber. The plaintiff is a Wisconsin corporation, which in the .year 1899 was engaged in dealing in lumber at the city of Toledo, Ohio. The defendants at the same time were co-partners engaged in the manufacture of lumber at West Superior, Wisconsin, under the firm name of Ogilvie & Turrish.
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Appeal from a judgment of tbe circuit court for Douglas •county: A. J. ViNje, Circuit Judge. This is an action for breach of contract for the sale of lumber. The plaintiff is a Wisconsin corporation, which in the .year 1899 was engaged in dealing in lumber at the city of Toledo, Ohio. The defendants at the same time were co-partners engaged in the manufacture of lumber at West Superior, Wisconsin, under the firm name of Ogilvie & Turrish. On the 2d day of March, 1899, a contract was made between the parties, the material part of which was as follows: “West Superior, Wis., March 2nd, 1899.…
1Opinion of the CourtWinslow, J.
While there are many exceptions preserved in the record, there is really but one question presented upon this appeal, and that is whether parol evidence was admissible to show the meaning of the contract between the parties. That contract provided for the sale by defendants to the plaintiff of all the lumber of certain grades “(estimated to be .about four million feet, more or less) obtained from about 6,000,000 -feet of white pine sawlogs now banked and being-hanked at West Superior.” There is no dispute as to the amount of lumber actually received by the plaintiff under the contract. That…
2Cases cited5 opinions
- Brawley v. United StatesSupreme Court of the United States · 1878
- Ganson v. MadiganWisconsin Supreme Court · 1862
- Becker v. HolmWisconsin Supreme Court · 1894
- Janesville Cotton Mills v. FordWisconsin Supreme Court · 1892
- Weber v. IllingWisconsin Supreme Court · 1886
3Cited by10 opinions
- Excelsior Wrapper Co. v. MessingerWisconsin Supreme Court · 1903
- Inman Bros. v. Dudley & Daniels Lumber Co.Court of Appeals for the Sixth Circuit · 1906
- Hammond v. Capital City Mutual Fire InsuranceWisconsin Supreme Court · 1912
- Burton v. DouglassWisconsin Supreme Court · 1909
- Dawson Cotton Oil Co. v. Kenan, McKay & SpeirCourt of Appeals of Georgia · 1918
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