Western Lime & Cement Co. v. Copper River Land Co.
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Milwaukee county: J. C. Ludwig, Circuit Judge. In September, 1899, tbe Upbam Manufacturing Company entered into a land contract with tbe Rib River Farm Land Company for tbe sale to tbe latter of approximately 31,000 acres' of land, situated in Taylor and Lincoln counties, covered by timber so as to be unavailable to tbe purchaser for its known purpose of colonization and sale in small parcels to settlers.
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Appeal from a judgment of tbe circuit court for Milwaukee county: J. C. Ludwig, Circuit Judge. In September, 1899, tbe Upbam Manufacturing Company entered into a land contract with tbe Rib River Farm Land Company for tbe sale to tbe latter of approximately 31,000 acres' of land, situated in Taylor and Lincoln counties, covered by timber so as to be unavailable to tbe purchaser for its known purpose of colonization and sale in small parcels to settlers. Tbe land contract, after agreeing to convey upon payment of tbe purchase price of something over $92,000, in instalments, $26,000 cash and…
1Opinion of the CourtDodge, J.
The trial court reached the conclusion that the contract in question was not ambiguous so as to justify consideration of the surrounding circumstances needing to be disclosed by extrinsic evidence. The so-called findings of fact, as to the intention of the parties evinced by various clauses thereof, therefore are not such, but merely his conclusions of law in the judicial function of construing a writing from its own terms. We must therefore approach the question of construction as an original one, unaided and unembarrassed by the presumption in favor of a finding of fact.
The first question,…
2Cases cited15 opinions
- Glocke v. GlockeWisconsin Supreme Court · 1902
- Excelsior Wrapper Co. v. MessingerWisconsin Supreme Court · 1903
- Krakow v. WilleWisconsin Supreme Court · 1905
- Golden v. GlockWisconsin Supreme Court · 1883
- Hicks v. SmithWisconsin Supreme Court · 1890
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3Cited by18 opinions
- Mueller v. Novelty Dye WorksWisconsin Supreme Court · 1956
- Polebitzke v. John Week Lumber Co.Wisconsin Supreme Court · 1914
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- Burton v. DouglassWisconsin Supreme Court · 1909
- Hill v. VencillWest Virginia Supreme Court · 1922
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