Kellogg v. Malick
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Portage county: Chas. M. Webb, Circuit Judge. In April, 1901, plaintiffs owned and were carrying on a small farm in Lincoln county, Wisconsin, and kept thereon horses, twenty-one head of cattle, and farm machinery. The land was worth $2,500, the cattle $615. At that date defendant lived in the city of Stevens Point, Portage county; was mainly a banker and real-estate speculator.
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Appeal from a judgment of the circuit court for Portage county: Chas. M. Webb, Circuit Judge. In April, 1901, plaintiffs owned and were carrying on a small farm in Lincoln county, Wisconsin, and kept thereon horses, twenty-one head of cattle, and farm machinery. The land was worth $2,500, the cattle $615. At that date defendant lived in the city of Stevens Point, Portage county; was mainly a banker and real-estate speculator. He owned nearly 1,000 acres of cut-over land near the city of Stevens Point, partly under cultivation, and had a residence and somewhat extensive farm buildings thereon,…
1Opinion of the CourtKjsRwth, J.
1. Tbe question respecting tbe rule of damages raised by tbe first assignment-of error involves tbe main controversy in tbis case. Tbe court below found tbat, as a result of tbe breach of tbe covenants in tbe lease from defendant to plaintiffs to fumisb pasture and feed for plaintiffs’ cattle, plaintiffs were entitled to recover for depreciation of cattle, $1,500; expense for feeding, $330; loss on butter product, $1,486.28 ; loss on milt product, $192; and tbe question arises wbetber sucb damages were properly recoverable in tbe action. It is established tbat under tbe lease tbe pasture was…
2Cases cited47 opinions
- Howard v. Stillwell & Bierce Manufacturing Co.Supreme Court of the United States · 1891
- Guetzkow Bros. v. A. H. Andrews & Co.Wisconsin Supreme Court · 1896
- Green v. WilliamsIllinois Supreme Court · 1867
- Bierbach v. Goodyear Rubber Co.Wisconsin Supreme Court · 1882
- Cook v. . SouleNew York Court of Appeals · 1874
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3Cited by23 opinions
- Vic Hansen & Sons, Inc. v. CrowleyWisconsin Supreme Court · 1973
- Brewington v. LoughranSupreme Court of North Carolina · 1922
- Noble v. TweedyCalifornia Court of Appeal · 1949
- Daniels v. CohenMassachusetts Supreme Judicial Court · 1924
- Ulrich v. Security Investment Co.Hawaii Supreme Court · 1939
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