Kvammen v. Meridean Mill Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Dunn County. Action to recover a balanc'e of $1,410.52 alleged to be due upon an oral contract for the manufacture of laths and pickets. The complaint states that the plaintiff agreed to run a portion of the defendant’s saw-mill during the season of 1881, and the defendant agreed to pay him for such service, forty-five cents per thousand for the laths and pickets so manufactured by him.
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APPEAL from the Circuit Court for Dunn County. Action to recover a balanc'e of $1,410.52 alleged to be due upon an oral contract for the manufacture of laths and pickets. The complaint states that the plaintiff agreed to run a portion of the defendant’s saw-mill during the season of 1881, and the defendant agreed to pay him for such service, forty-five cents per thousand for the laths and pickets so manufactured by him. The answer alleges that the contract was that the plaintiff should run the lath-mill in the defendant’s saw-mill, and manufacture and tie up the laths which could be made from…
1Opinion of the CourtCassoday, J.
The real question in controversy was whether, by the agreement, the plaintiff was to receive, for manufacturing the laths, forty-five or twenty-six cents per thousand. The plaintiff was the first witness, and after being examined and cross-examined, was asked by his counsel on his redirect examination this question: “Do you know what the usual price was last season for sawing laths?” This question he was allowed to answer, against objection, and stated that it was “ forty-five cents a thousand.” It is sought to justify this ruling on the ground that the evidence tended to corroborate the…
2Cases cited5 opinions
- Johnson v. Harder & AverySupreme Court of Iowa · 1877
- Campau v. MoranMichigan Supreme Court · 1875
- Headley v. HackleyMichigan Supreme Court · 1883
- Lombardo v. CaseNew York Supreme Court · 1865
- White v. LuepsWisconsin Supreme Court · 1882
3Cited by6 opinions
- Valley Lumber Co. v. SmithWisconsin Supreme Court · 1888
- Anderson v. Arpin Hardwood Lumber Co.Wisconsin Supreme Court · 1907
- Oliver v. MorawetzWisconsin Supreme Court · 1897
- Hunt v. JonesSupreme Court of Oklahoma · 1924
- Kunitz v. RuskeWisconsin Supreme Court · 1921
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