Foss v. Heineman
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Lincoln county: James O’ISTeill, Judge. Action to recover $1,694.59 and interest alleged to be a balance due plaintiff for lumber sold by bim to defendants.
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Appeal from a judgment of the circuit court for Lincoln county: James O’ISTeill, Judge. Action to recover $1,694.59 and interest alleged to be a balance due plaintiff for lumber sold by bim to defendants. Defendants answered, among other things, in substance, as follows: Plaintiff sold the lumber to the latter under a contract whereby, for a stipulated price per thousand feet according to specified grades and kinds, he promised to procure, during a specified period, specified kinds of saw logs to the amount of not less than one nor more than three million feet, and manufacture the same into…
1Opinion of the CourtMaeshall, J.
Did the court apply to the facts the right measure of damages ? That is the sole question for solution.
As we view the case the referee reached a conclusion without fully appreciating one feature of the rule in Hadley v. Baxendale, 9 Exch. 341, and the court reached a different conclusion without fully appreciating the real basis for such rule, that no rule should be extended beyond the reason for it, and that the very reason often gives rise to an exception when the generality of the situation to which the rule applies is so departed from, in the peculiarities of the particular situation, as…
2Cases cited7 opinions
- Guetzkow Bros. v. A. H. Andrews & Co.Wisconsin Supreme Court · 1896
- Cockburn v. Ashland Lumber Co.Wisconsin Supreme Court · 1882
- Seeman v. BiemannWisconsin Supreme Court · 1900
- Loehr v. DicksonWisconsin Supreme Court · 1910
- Serfling v. AndrewsWisconsin Supreme Court · 1900
2 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Mid-America Tablewares, Inc. v. Mogi Trading Co.Court of Appeals for the Seventh Circuit · 1996
- Reiman Associates, Inc. v. R/A Advertising, Inc.Court of Appeals of Wisconsin · 1981
- Tennessee Fertilizer Co. v. International Agr. Corp.Tennessee Supreme Court · 1921
- Texas Co. v. Pensacola Maritime Corp.Court of Appeals for the Fifth Circuit · 1922
- Allied Canners & Packers, Inc. v. Victor Packing Co.California Court of Appeal · 1984
9 more not listed; retrieve them via the Exa API.