Mann v. Roberts
Wisconsin Supreme Court
Appbau from an order of the circuit court for Milwaukee •county: WaRRew D. TabbaNt, Circuit Judge. Action on contract. The complaint alleges, in effect, that on May 9, 1904, plaintiff leased to defendant a steam shovel with trucks and appliances for the purpose of digging a ditch across a cranberry marsh, and until said ditch should be completed, which time was estimated at from forty to sixty days; that said shovel was to be returned after sixty days upon ten days’ written…
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Appbau from an order of the circuit court for Milwaukee •county: WaRRew D. TabbaNt, Circuit Judge. Action on contract. The complaint alleges, in effect, that on May 9, 1904, plaintiff leased to defendant a steam shovel with trucks and appliances for the purpose of digging a ditch across a cranberry marsh, and until said ditch should be completed, which time was estimated at from forty to sixty days; that said shovel was to be returned after sixty days upon ten days’ written demand by plaintiff; that by said agreement the shovel and appliances were to be shipped to defendant by plaintiff in…
1Opinion of the CourtKeewiN, J.
This action is brought to recover $1,600 claimed to be due plaintiff on contract referred to in the foregoing statement of facts. Defendant in his answer admits that before action brought and on June 15, 1904, he was indebted to the plaintiff in the sum of $525 for the use of the machinery referred to in the complaint. The defendant, however, contends that his answer shows a tender of this amount admitted to be due before action was brought and on June 15, 1904, and therefore plaintiff was not entitled to the remedy provided for by sec. 2892, Stats. 1898; that in case of pife» of tender…
2Cases cited8 opinions
- Noyes v. . WyckoffNew York Court of Appeals · 1889
- Roosevelt v. Bull's Head BankNew York Supreme Court · 1866
- Sellers v. Union Lumbering Co.Wisconsin Supreme Court · 1874
- Elderkin v. FellowsWisconsin Supreme Court · 1884
- Stevens v. Proprietors of the Middlesex CanalMassachusetts Supreme Judicial Court · 1815
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