Early v. Chippewa Logging Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Chippewa County. The following statement of the case was prepared by Mr. Justice Tayloe as a part of the opinion: This action was brought to recover the contract price of a lot of logs which had been cut and put into the river by the plaintiff for the defendant.
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APPEAL from the Circuit Court for Chippewa County. The following statement of the case was prepared by Mr. Justice Tayloe as a part of the opinion: This action was brought to recover the contract price of a lot of logs which had been cut and put into the river by the plaintiff for the defendant. The logs were cut and delivered to the defendant by the plaintiff under a written contract, the material parts of which are as follows: This agreement made and entered into this 12th day of September, A. D. 1882, by and between H. W. Early, of Williamsport, Pa., of the first part, and the Chippewa…
1Opinion of the CourtTayloe, J.
After a careful consideration of the terms of the contract and the evidence in the case we are convinced that the learned referee erred in finding that the defendant had accepted the entire lot of logs as being “ good, sound, merchantable.logs,” within the meaning of the contract, and which by its terms were to be paid for at eight dollars per M. It is clear, by the terms of the contract, the parties contemplated that the plaintiff might and would cut and deliver logs which would not come within the class or grade of “ good, sound, merchantable logs ” designated therein, and it was also…
2Cited by4 opinions
- Consolidated Water Power Co. v. NashWisconsin Supreme Court · 1901
- Stubbings v. McGregorWisconsin Supreme Court · 1893
- Poler v. MitchellWisconsin Supreme Court · 1913
- Peterson v. South Shore Lumber Co.Wisconsin Supreme Court · 1899