Andrews v. Jenkins
Wisconsin Supreme Court
APPEAL from tlie Circuit Court for Winnebago County. Eeplevin, for a quantity of pine logs. The facts, as they appeared on the trial, are as follows: By an instrument in writing dated December 7, 1870, one Ketchum agreed to sell to the plaintiff’s testator, G-eorge E. Andrews, all the pine timber on a certain forty-acre tract of land for $5,000, payable as therein specified. It is not disputed that Andrews paid for the timber as agreed.
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APPEAL from tlie Circuit Court for Winnebago County. Eeplevin, for a quantity of pine logs. The facts, as they appeared on the trial, are as follows: By an instrument in writing dated December 7, 1870, one Ketchum agreed to sell to the plaintiff’s testator, G-eorge E. Andrews, all the pine timber on a certain forty-acre tract of land for $5,000, payable as therein specified. It is not disputed that Andrews paid for the timber as agreed. It was proved without objection, and the evidence is uncontradicted, that the contract with Eetchum for the purchase of this timber was made by and for the…
1Opinion of the CourtLyoN, J.
We are not concerned to inquire whether the instructions which the learned circuit' judge gave the jury are correct in every particular, because we are satisfied that the undisputed evidence would have justified a direction to the jury to find for the defendants, and hence an erroneous instruction could not possibly injure the plaintiff.
The evidence proves conclusively that George R. Andrews, the plaintiff’s testator, had, at most, but a special interest in the logs in controversy, which interest was a lien upon the logs for any unpaid balance of advances made by him pursuant to the contract…
2Cases cited1 opinion
- Kent v. AgardWisconsin Supreme Court · 1869
3Cited by6 opinions
- Smith v. PflugerWisconsin Supreme Court · 1905
- Starks v. RedfieldWisconsin Supreme Court · 1881
- Smith v. Shell Lake Lumber Co.Wisconsin Supreme Court · 1887
- John Caplice Co. v. BeauchampMontana Supreme Court · 1899
- Lippincott v. LawrieWisconsin Supreme Court · 1903
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