Hill v. Chipman
Wisconsin Supreme Court
APPEAL from the Circuit Court for MilwauJcee County. The case is thus stated by Mr. Justice TayloR: “Actiou to recover damages for the non-delivery of a quantity of wood, which the plaintiff -claims, the defendants had agreed to deliver to him at his dock, in the city of Racine, in the fall of 1880. The complaint alleges that by an oral, agreement made on or about October 1,1880, the defendants agreed to sell to the plaintiff, and the plaintiff agreed to purchase from the…
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APPEAL from the Circuit Court for MilwauJcee County. The case is thus stated by Mr. Justice TayloR: “Actiou to recover damages for the non-delivery of a quantity of wood, which the plaintiff -claims, the defendants had agreed to deliver to him at his dock, in the city of Racine, in the fall of 1880. The complaint alleges that by an oral, agreement made on or about October 1,1880, the defendants agreed to sell to the plaintiff, and the plaintiff agreed to purchase from the defendants, 500 cords of good sawed-end maple wood, at the price of $6.25 per cord for wood cut during the winter…
1Opinion of the CourtTaylor, J.
Numerous errors are assigned by the appellants. The first error assigned, that the complaint did not state a cause of action, might, we think, have been properly overruled, but if there was any defect in the complaint it *215was clearly the duty of the court to permit an amendment, as was done. The case had been tried upon its merits, and it would have been a perversion of justice to have turned the plaintiff out of court for want of some formal or technical allegation in his complaint.
The second class of errors alleged are those which it is claime d were committed by the court in permitting…
2Cases cited6 opinions
- Candee v. Western Union Telegraph Co.Wisconsin Supreme Court · 1874
- Shepard v. Milwaukee Gas Light Co.Wisconsin Supreme Court · 1862
- Cockburn v. Ashland Lumber Co.Wisconsin Supreme Court · 1882
- Richardson v. ChynowethWisconsin Supreme Court · 1870
- Hammer v. SchœnfelderWisconsin Supreme Court · 1879
1 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- McNamara v. Village of ClintonvilleWisconsin Supreme Court · 1885
- T. B. Scott Lumber Co. v. Hafner-Lothman Manufacturing Co.Wisconsin Supreme Court · 1895
- Bremmer v. Green Bay, Stevens Point & Northern RailroadWisconsin Supreme Court · 1884
- Naus v. Jt. SD No. 1 Sheboygan FallsWisconsin Supreme Court · 1977
- Gabbert v. HackettWisconsin Supreme Court · 1908
10 more not listed; retrieve them via the Exa API.