Fetzer v. South Side Lumber Co.
Court of Appeals for the Seventh Circuit
In Error to the Circuit Court of the United States for the Eastern District of Wisconsin; Arthur E. Sanborn, Judge. Action by the South Side Lumber Company of Chicago against. Henry Fetzer. Judgment for plaintiff, and defendant brings error. Defendant in error, herein termed “plaintiff,” made a contract with the George Pankratz Lumber Company, herein termed the “Pankratz Lumber-Company,” for the purchase of logs and the manufacture of lumber at Sturgeon Bay, Wis.
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In Error to the Circuit Court of the United States for the Eastern District of Wisconsin; Arthur E. Sanborn, Judge. Action by the South Side Lumber Company of Chicago against. Henry Fetzer. Judgment for plaintiff, and defendant brings error. Defendant in error, herein termed “plaintiff,” made a contract with the George Pankratz Lumber Company, herein termed the “Pankratz Lumber-Company,” for the purchase of logs and the manufacture of lumber at Sturgeon Bay, Wis. Before the execution of this contract, and as a part consideration therefor, the plaintiff in error, termed “defendant” herein, who…
1Opinion of the CourtKohlsaat, Circuit Judge
(after stating the facts as above). By the letter of January 9, 1907, defendant bound himself to assign to plaintiff, on tender of the $6,000 due him, the interest of George and Erañk J. Pankratz in the Vans Plarbor Band & Lumber Company, as security for any loss the plaintiff might incur by reason of its con tract with the George Pankratz Lumber Company. This latter con tract contemplated the completion of its terms during the years 1906 and 1907. As a matter of fact, through no fault of the plaintiff, completion was not had until October 27, Í908, when a loss of over $18,-000 was…
2Cases cited3 opinions
- Murray v. StantonMassachusetts Supreme Judicial Court · 1868
- Ruppel v. Adrian Furniture Manufacturing Co.Michigan Supreme Court · 1893
- Feige v. BurtMichigan Supreme Court · 1900