Lee v. Campbell
Wisconsin Supreme Court
APPEAL front the Circuit Court for Winnebago County. This is an action to recover the value of about 35,000 feet of pine saw-logs.
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APPEAL front the Circuit Court for Winnebago County. This is an action to recover the value of about 35,000 feet of pine saw-logs. It is alleged in the complaint that the defendants agreed to purchase them of plaintiff, and to pay him therefor $10 per thousand feet, but that afterwards they pretended to purchase the same of one Lord, although the plaintiff had theretofore notified them that he was the owner thereof, and forbade them to purchase the logs of any other person; that the logs were delivered to the defendants, June 18, 1888, whereby they became indebted to the plaintiff therefor in…
1Opinion of the CourtLyost, J.
I. There is a • controversy as to the nature of the action. The circuit judge held it to be an action ex conbraetm, brought to recover the value of the logs on the implied promise of the defendants to pay for them — the tort being waived. "We think this the correct construction of the complaint. Since the case of Norden v. Jones, 33 Wis. 600, there can be no doubt that in this case the tort may be waived and an action maintained on the implied assuw/psit for the value of the logs.
At the commencement of the trial, counsel for plaintiff stated, in substance, that he understood the complaint to…
2Cases cited1 opinion
- Norden v. JonesWisconsin Supreme Court · 1873
3Cited by7 opinions
- State ex rel. American Piano Co. v. Superior CourtWashington Supreme Court · 1919
- Barth v. GrafWisconsin Supreme Court · 1898
- Huganir v. CotterWisconsin Supreme Court · 1899
- Disotell v. Henry Luther Co.Wisconsin Supreme Court · 1895
- Butler v. GillisWisconsin Supreme Court · 1899
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