Flick v. Wetherbee
Wisconsin Supreme Court
APPEAL from the Circuit Court for Dane County. This action was commenced before a justice for the balance of an account between the parties; and in the plaintiff’s bill of particulars the largest item charged to defendant was — ■“ Damage from bad seed corn, and from cattle eating what corn did grow — $100.” The answer contained a general denial.
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APPEAL from the Circuit Court for Dane County. This action was commenced before a justice for the balance of an account between the parties; and in the plaintiff’s bill of particulars the largest item charged to defendant was — ■“ Damage from bad seed corn, and from cattle eating what corn did grow — $100.” The answer contained a general denial. The plaintiff cultivated a farm as lessee of the defendant for one year from September 15, 1863; and the indenture of lease put in evidence contained a covenant by tbe defendant “ to supply all tbe seed for said farm.” Tbe testimony as to tbe seed…
1Opinion of the CourtCole, J.
There can be no doubt that the lease offered in evidence imposed upon the appellant the duty of furnishing good seed corn ; but what is the proper rule of damages for a breach of the contract in this particular, is a question of considerable difficulty. On the part of the respondent it is claimed, that the tenant is to receive indemnity, and consequently should recover the loss which he has sustained from the defective seed, or in other words, the difference between the crop which was raised anda good crop of corn. On the other hand, it is objected that this rule is inadmissible, since it in…
2Cases cited2 opinions
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- Bell v. ReynoldsSupreme Court of Alabama · 1885
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