Cockburn v. Ashland Lumber Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Eaxo Claire County. The action was to recover damages for the entire failure of the defendant to fulfill a contract in writing entered into by the parties for the sale and purchase of two cargoes of a kind of lumber known as “deals.”
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APPEAL from the Circuit Court for Eaxo Claire County. The action was to recover damages for the entire failure of the defendant to fulfill a contract in writing entered into by the parties for the sale and purchase of two cargoes of a kind of lumber known as “deals.” The contract was as follows: “It is this day, the 5th day of February, 1878, mutually agreed between the Ashland Lmnber Company, of Ashland, Wisconsin, and McRae <& Coclcburn, of Loudvie and Toronto Canada, that the first-named parties sell, and the second-named parties purchase, two cargoes of white pine deals, each cargo to be…
1Opinion of the CourtLyon, J.
It is conceded that none of the lumber contracted for was ever delivered by the defendant company, and it is not claimed that the plaintiffs made any default in the performance of the contract on their part. The plaintiffs are therefore entitled to recover in the action, and the only matter to be determined on this appeal is the rule of damages. The general rule in actions to recover damages for the breach of an execu-tory contract to sell and deliver goods, is that the difference between the market -price of the goods at the time and place specified in the contract for delivering the same,…
2Cases cited6 opinions
- Spaulding v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1873
- Shepard v. Milwaukee Gas Light Co.Wisconsin Supreme Court · 1862
- Ingram v. RankinWisconsin Supreme Court · 1879
- Richardson v. ChynowethWisconsin Supreme Court · 1870
- Read v. MorseWisconsin Supreme Court · 1874
1 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- Reiman Associates, Inc. v. R/A Advertising, Inc.Court of Appeals of Wisconsin · 1981
- Guetzkow Bros. v. A. H. Andrews & Co.Wisconsin Supreme Court · 1896
- Gross v. HeckertWisconsin Supreme Court · 1904
- Poposkey v. MunkwitzWisconsin Supreme Court · 1887
- Vogt v. SchienebeckWisconsin Supreme Court · 1904
29 more not listed; retrieve them via the Exa API.