Ketchum v. Zeilsdorff
Wisconsin Supreme Court
APPEAL from the Circuit Court for Milwaukee County. The defendants, in December, 1866, entered into a contract in writing with one Hoxie, by which they sold him a certain amount of pine logs, to be delivered at a certain point in Wolf river; and a part of the contract price was paid, the remainder being payable on delivery.
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APPEAL from the Circuit Court for Milwaukee County. The defendants, in December, 1866, entered into a contract in writing with one Hoxie, by which they sold him a certain amount of pine logs, to be delivered at a certain point in Wolf river; and a part of the contract price was paid, the remainder being payable on delivery. In February, 1867, Hoxie assigned the contract to the plaintiff, who brought this action to recover damages for a failure on the part of defendants to deliver any part of the logs. Verdict and judgment for the defendants; and the plaintiff appealed. Various questions were…
1Opinion of the CourtCole, J.
From the view which we have taken of this case, the rulings of the court relied on for a reversal of the judgment, even if they were erroneous, become quite immaterial. For, if it clearly appears -from the evidence that the plaintiff did anything in respect to the subject-matter of the contract, directly calculated to prevent the defendants from fulfilling it according to its terms, then it would seem that this interference on his part ought to excuse them from the performance thereof, at least so far as the time of performance was postponed by such act. The contract does not specify when the…
2Cases cited1 opinion
- Pratt v. DonovanWisconsin Supreme Court · 1860
3Cited by4 opinions
- Smith v. BarberIndiana Supreme Court · 1899
- Boyington v. SweeneyWisconsin Supreme Court · 1890
- Heidenheimer v. Cleveland & CameronCourt of Appeals of Texas · 1895
- Foster v. Holbrook-Armstrong Iron Co.Wisconsin Supreme Court · 1914