Listman Mill Co. v. Avery Scale Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for La Crosse county: E. C. IIigbee, Circuit Judge. This is an action against the principal and surety upon an indemnity bond. Judgment of nonsuit was entered at the close of plaintiff’s evidence and it appeals from that judgment.
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Appeal from a judgment of the circuit court for La Crosse county: E. C. IIigbee, Circuit Judge. This is an action against the principal and surety upon an indemnity bond. Judgment of nonsuit was entered at the close of plaintiff’s evidence and it appeals from that judgment. Tbe evidence showed that plaintiff is a domestic corporation operating a flouring mill at La Crosse, tbe defendant Avery Beale Company a domestic corporation which manufactures automatic scales at North Milwaukee, and the defendant American Bonding Company a foreign corporation doing a suretyship business in this state;…
1Opinion of the CourtWiNsnow, C. J.
Tbe trial judge nonsuited tbe plaintiff on tbe ground tbat. tbe evidence failed to sbow any breach of tbe contract of sale, but ratber showed tbat such contract bad been substantially performed within the definition of substantial performance given by this court in Manning v. School List. 124 Wis. 84, 102 N. W. 356, and Mueller v. Burton, 139 Wis. 384, 121 N. W. 152, 176. After careful consideration of tbe evidence as preserved in tbe bill of exceptions, we are unable to say tbat the conclusion of tbe trial court, giving it tbat weight to which it is entitled, was wrong.
Tbe sole defect…
2Cases cited2 opinions
- Manning v. School District No. 6Wisconsin Supreme Court · 1905
- Mueller v. BurtonWisconsin Supreme Court · 1909