H. McCormick Lumber Co. v. Winans
Wisconsin Supreme Court
Appeal from a judgment of the county court of Waukesha ■county: M. S. Geiswold, Judge. The complaint' alleges, in effect, that the plaintiff is a corporation doing business at McCormick, in the state of Washington; that the defendant is indebted to the plaintiff for .goods, wares, and merchandise sold and delivered by the plaintiff to the defendant at his instance and request on and between April 3, 1902, and April 25, 1902, as set forth in Exhibit A, attached to and made a…
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Appeal from a judgment of the county court of Waukesha ■county: M. S. Geiswold, Judge. The complaint' alleges, in effect, that the plaintiff is a corporation doing business at McCormick, in the state of Washington; that the defendant is indebted to the plaintiff for .goods, wares, and merchandise sold and delivered by the plaintiff to the defendant at his instance and request on and between April 3, 1902, and April 25, 1902, as set forth in Exhibit A, attached to and made a part thereof, in the sum ■of $1,829.07, writh interest thereon from said last-mentioned date at six per cent., and that…
1Opinion of the CourtCassoday, C. J.
As indicated in the foregoing statement, the answer admits that the defendant received from the plaintiff the three carloads of lumber that he had contracted for of the sizes and dimensions set forth in Exhibit A, annexed to and made a part of the plaintiff’s complaint, at the times specified in that exhibit. It is also therein admitted that the lumber would have been of the value alleged in the complaint if it had been of the quality contracted for. The only objection made in the answer to the payment of the plaintiff’s claim is that the lumber was to be of a quality known as “No. 1 common,”…
2Cases cited2 opinions
- T. B. Scott Lumber Co. v. Hafner-Lothman Manufacturing Co.Wisconsin Supreme Court · 1895
- Northern Supply Co. v. WangardWisconsin Supreme Court · 1903
3Cited by4 opinions
- Courtesy Flour Co. v. WestbrookSupreme Court of Arkansas · 1920
- Forster, Waterbury Co. v. F. MacKinnon Manufacturing Co.Wisconsin Supreme Court · 1907
- Logeman Bros. v. R. J. Preuss Co.Wisconsin Supreme Court · 1907
- Oscar Smith & Sons Co. v. Janesville Batting MillsWisconsin Supreme Court · 1912