Badger State Lumber Co. v. G. W. Jones Lumber Co.
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Pepin county: E. W. Helms, Circuit Judge. On April 10, 1901, tbe plaintiff and defendant entered into a contract by tbe terms of which tbe plaintiff agreed to sell and tbe defendant agreed to buy all of plaintiff’s stock of soft elm lumber.
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Appeal from a judgment of tbe circuit court for Pepin county: E. W. Helms, Circuit Judge. On April 10, 1901, tbe plaintiff and defendant entered into a contract by tbe terms of which tbe plaintiff agreed to sell and tbe defendant agreed to buy all of plaintiff’s stock of soft elm lumber. Tbe contract recited that -a considerable portion of tbe lumber was tben sawed and in pile in tbe city of Durand, and tbat tbe remainder of tbe stock was to be sawed from logs at tbe Plummer mill in Durand, and at John Moy’s mill in tbe town of Canton, Buffalo county, Wisconsin, and at Julliot’s mill in tbe…
1Opinion of the CourtBarnes, J.
The rule is well settled that in executory contracts, where specific performance cannot be enforced, either party has the power to stop the performance on the other side by an explicit order to that effect, by subjecting himself to such damages as will compensate the other party for being stopped in the performance on his part at that point or stage in the execution of the contract. In such cases it is held that an action cannot be maintained to recover the contract price, but may be maintained to recover damages for the breach of the contract. Ward v. Am. H. F. Co. 119 Wis. 12, 25, 96 N. W.…
2Cases cited28 opinions
- Ganson v. MadiganWisconsin Supreme Court · 1862
- Vogt v. SchienebeckWisconsin Supreme Court · 1904
- Woodman v. Blue Grass Land Co.Wisconsin Supreme Court · 1905
- John O'Brien Lumber Co. v. WilkinsonWisconsin Supreme Court · 1903
- Pratt v. S. Freeman & Sons Manufacturing Co.Wisconsin Supreme Court · 1902
23 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Bomberger v. McKelveyCalifornia Supreme Court · 1950
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- Smith v. LingelbachWisconsin Supreme Court · 1922
- Fernekes v. Nugent SanitariumWisconsin Supreme Court · 1914
- Knight v. MooreWisconsin Supreme Court · 1931
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