Widman v. Gay
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Dane county; K. G. SiebeoKER, Circuit Judge. February 15,1891, the parties entered into a written agree*ment by which the plaintiff agreed to sell to the defendant “ alb of the dirt on lots [described] above a certain grade,, indicated by stakes on the corners of said lots, being 2,000 yards, more or less, at six cents per cubic yard.
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Appeal from a judgment of the circuit court for Dane county; K. G. SiebeoKER, Circuit Judge. February 15,1891, the parties entered into a written agree*ment by which the plaintiff agreed to sell to the defendant “ alb of the dirt on lots [described] above a certain grade,, indicated by stakes on the corners of said lots, being 2,000 yards, more or less, at six cents per cubic yard. Party of the second part [defendant] agrees to remove said dirt from said lots by April 15th, weather permitting.” Defendant also agreed to level up the lots and redistribute the black earth on the surface.…
1Opinion of the CourtDodge, J.
The principal error assigned consists in the fact that the circuit court construed the contract as entire, and denied recovery for the earth actually taken in case the jury found that plaintiff prevented removal of the whole without breach on defendant’s part. An entire contract is ■one where, in the intention of the parties, full and complete performance on the one side constitutes the consideration for performance on the other. It is not necessary that the price named shall be a lump sum. It may be measured *279by quantity or by units. Boutin v. Lindsley, 84 Wis. 644; Warehouse & Builders S.…
2Cases cited6 opinions
- Goodwin v. MerrillWisconsin Supreme Court · 1861
- Mount v. . LyonNew York Court of Appeals · 1872
- Warehouse & Builders Supply Co. v. GalvinWisconsin Supreme Court · 1897
- Green v. HansonWisconsin Supreme Court · 1895
- Cohn v. PlumerWisconsin Supreme Court · 1894
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Riddell v. Peck-Williamson Heating & Ventilating Co.Montana Supreme Court · 1902
- Bamberger Bros. v. BurrowsSupreme Court of Iowa · 1910
- Manitowoc Steam Boiler Works v. Manitowoc Glue Co.Wisconsin Supreme Court · 1903
- Schultz v. AndrusWisconsin Supreme Court · 1922
- Manthey v. StockWisconsin Supreme Court · 1907
4 more not listed; retrieve them via the Exa API.