Hewitt v. John Week Lumber Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Portage County. Action by Henry Hewitt, Jr., as surviving partner of tbe firm of Daniels & Hewitt, to recover a balance of tbe pur-6hase price of logs sold and delivered to tbe defendant.
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APPEAL from the Circuit Court for Portage County. Action by Henry Hewitt, Jr., as surviving partner of tbe firm of Daniels & Hewitt, to recover a balance of tbe pur-6hase price of logs sold and delivered to tbe defendant. Tbe following statement of tbe case was prepared by Mr. Justice Tayloe as a part of tbe opinion: This action is brought here by tbe appellant without settling any bill of exceptions, and tbe record returned contains only tbe pleadings, tbe special verdict of tbe jury, and tbe judgment of tbe court upon such verdict. The case is brought here by tbe defendant, upon two…
1Opinion of the CourtTaylor, J.
The exception taken by the defendant that the court erred in not allowing him interest on his damages from the time fixed for the performance of this contract by the plaintiff, according to the terms of the contract, or, in lien thereof, applying the amount of his damages to the ex-tinguishment of so much of the plaintiff’s claim against the defendant as of the date of his claim, we do not think is well taken. The plaintiff’s claim for damages arose out of a contract separate and distinct from the contract upon which the defendant seeks to recover. It is said it is unjust to permit the…
2Cases cited13 opinions
- McMahon v. . the New York and Erie Railroad CompanyNew York Court of Appeals · 1859
- Marshall v. WellsWisconsin Supreme Court · 1859
- Huebschmann v. McHenryWisconsin Supreme Court · 1872
- Marsh v. FraserWisconsin Supreme Court · 1875
- Tucker v. GroverWisconsin Supreme Court · 1884
8 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Miller v. Germain Seed & Plant Co.California Supreme Court · 1924
- Harrison v. BirrellOregon Supreme Court · 1911
- Ross v. Northrup, King & Co.Wisconsin Supreme Court · 1914
- Wolfe v. Texas Co.Court of Appeals for the Tenth Circuit · 1936
- Shores Lumber Co. v. StittWisconsin Supreme Court · 1899
6 more not listed; retrieve them via the Exa API.