Cadle v. McLean
Wisconsin Supreme Court
APPEAL from the Circuit Court for Portage County. Eeplevin, for lumber. On the 17th of June, 1878, Mo-Lean and the firm of Thompson & Co., of Stevens Point, entered into a written contract whose provisions are thus stated by Mr. Justice Cole: “The defendant sold Thompson & Co. all the merchantable pine standing on the land named, for a sum to be paid as specified. Thompson & Co. were to mark on the end of each log or stick of timber cut on the land a certain mark.
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APPEAL from the Circuit Court for Portage County. Eeplevin, for lumber. On the 17th of June, 1878, Mo-Lean and the firm of Thompson & Co., of Stevens Point, entered into a written contract whose provisions are thus stated by Mr. Justice Cole: “The defendant sold Thompson & Co. all the merchantable pine standing on the land named, for a sum to be paid as specified. Thompson & Co. were to mark on the end of each log or stick of timber cut on the land a certain mark. They were to cause the timber to be manufactured into lumber and shingles at Steven^ Point, or some other point on the line of the…
1Opinion of the CourtOole, J.
It seems to us there is no foundation for the claim that the contract between the defendant and Thompson & Co. was one which the statute contemplated should be filed and recorded in the office of the district lumber inspector, in order to be valid as against the plaintiffs. The statute (see. 19, ch. 42, Tay. Stats.) undoubtedly refers to the sale and transfer of logs which are cut, having upon them a recorded *636mark which distinguishes them from other logs. This is very apparent from the preceding section, which provides that the owner of logs may use on his logs any mark not before used by any…
2Cases cited2 opinions
- Strasson v. MontgomeryWisconsin Supreme Court · 1873
- Daniels v. BaileyWisconsin Supreme Court · 1878
3Cited by7 opinions
- Lillie v. DunbarWisconsin Supreme Court · 1885
- Clark v. B. B. Richards Lumber Co.Supreme Court of Minnesota · 1897
- Bunn v. Valley Lumber Co.Wisconsin Supreme Court · 1881
- Bent v. HoxieWisconsin Supreme Court · 1895
- Mississippi River Logging Co. v. MillerWisconsin Supreme Court · 1901
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