Wells v. Milwaukee & St. Paul Railway Co.
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Milwaulcee County. The plaintiff, Wells, brought his action to recover damages alleged to have accrued to him on account of loss of profits on certain contracts for ballasting defendant’s road between Brook-field and Milwaukee, and for grading its depot grounds in Milwaukee, defendant having ordered the work discontinued.
Read the full summary
APPEAL from tbe Circuit Court for Milwaulcee County. The plaintiff, Wells, brought his action to recover damages alleged to have accrued to him on account of loss of profits on certain contracts for ballasting defendant’s road between Brook-field and Milwaukee, and for grading its depot grounds in Milwaukee, defendant having ordered the work discontinued. It appeared in evidence that the contract constituting the first cause of action was made by telegraph, the defendant company having sent the plaintiff the following dispatch: “We want ballasting done from Brookfield to Milwaukee and will…
1Opinion of the CourtCole, J.
In respect to the first cause of action, we fully agree with the court below, that the contract contained in the telegraphic dispatches was a conditional' one — to do such ballasting from Brookfield to Milwaukee, at the price proposed, as the company might desire to have done, and that no particular amount of work was agreed upon. According to this view of the contract, the company could stop the work when it pleased. The plaintiff contends that those dispatches show that he was to do all the ballasting which might be necessary in order to render the defendant’s road serviceable between these…
2Cited by9 opinions
- Hoffman v. MaffioliWisconsin Supreme Court · 1899
- Swanson v. AndrusSupreme Court of Minnesota · 1901
- Stagg v. ComptonIndiana Supreme Court · 1881
- Cochrane v. Justice Mining Co.Supreme Court of Colorado · 1891
- Eastern Railway Co. v. TuteurWisconsin Supreme Court · 1906
4 more not listed; retrieve them via the Exa API.