T. B. Scott Lumber Co. v. Hafner-Lothman Manufacturing Co.
Wisconsin Supreme Court
, Appeal from a judgment of the circuit court for Lincoln county: Chas. Y. BaedeeN, Circuit Judge. The plaintiff was a lumber manufacturer and dealer. It had in its yards at Merrill, Wis., a quantity of lumber piled for the classes known as “ C select and better,” and “ shop and flat.”
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, Appeal from a judgment of the circuit court for Lincoln county: Chas. Y. BaedeeN, Circuit Judge. The plaintiff was a lumber manufacturer and dealer. It had in its yards at Merrill, Wis., a quantity of lumber piled for the classes known as “ C select and better,” and “ shop and flat.” Mr. Green, an employee of defendant having authority to examine and negotiate for the purchase of lumber, visited plaintiff’s place of business on behalf of defendant, and made a casual examination of the lumber referred to, a small amount being taken from the piles for that purpose. He wanted to make a…
1Opinion of the CourtMarshau., J.
There are three questions only presented on this appeal, and they will be considered in their order.
1. Was it intended that the respondent should sell and appellant should buy lumber to the amount designated in *671the contract, to be taken from the piles in respondent’s yards, rejecting only worthless mill culls?
The intent of the parties at the time of making the contract must govern, and that must be sought out from the instrument itself. The question is, What is the meaning of the words used? Weiseger v. Wheeler, 14 Wis. 101; Farmers L. & T. Co. v. Comm. Bank, 15 Wis. 424; Johnson v. W. W.…
2Cases cited14 opinions
- Pollen v. . Le RoyNew York Court of Appeals · 1864
- Nilson v. MorseWisconsin Supreme Court · 1881
- Osgood v. Bauder & Co.Supreme Court of Iowa · 1888
- Jacobs v. SpaldingWisconsin Supreme Court · 1888
- Richardson v. ChynowethWisconsin Supreme Court · 1870
9 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Wisconsin Marine & Fire Insurance Co. Bank v. WilkinWisconsin Supreme Court · 1897
- Gross v. HeckertWisconsin Supreme Court · 1904
- Hardwick v. American Can Co.Tennessee Supreme Court · 1904
- Pratt v. S. Freeman & Sons Manufacturing Co.Wisconsin Supreme Court · 1902
- Maxon v. GatesWisconsin Supreme Court · 1908
17 more not listed; retrieve them via the Exa API.