Mowatt v. Wilkinson
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Ashland county: Johs 3L Parish, Circuit Judge. Plaintiff, a sawmill owner at Ashland, entered into written contract with the defendants as follows: “Ashland, Dec. 10 — 94. “Messrs. S. WilMnson & Go. “Gents: I will manufacture for you eight millions of saw logs into lumber, as you may direct, as fast as I can during the fore part of the season of 1895, sorting and cross-piling in a workmanlike manner.
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Appeal from a judgment of the circuit court for Ashland county: Johs 3L Parish, Circuit Judge. Plaintiff, a sawmill owner at Ashland, entered into written contract with the defendants as follows: “Ashland, Dec. 10 — 94. “Messrs. S. WilMnson & Go. “Gents: I will manufacture for you eight millions of saw logs into lumber, as you may direct, as fast as I can during the fore part of the season of 1895, sorting and cross-piling in a workmanlike manner. I will furnish boom room to store what surplus logs may accumulate faster than sawed. The lumber may remain sixty days free of cost, and no charge…
1Opinion of the CourtDodge, J.
1. The first error assigned is the admission over objection of testimony to the effect that it is the custom at Ashland to saw rafts of logs in the order in which they come into the boom, and that if the sawing of the logs of one proprietor is interrupted, and those of another proprietor are taken up, the latter are completed before returning to the former. This testimony is, by the witness who gives it, confined to cases where the contract does not provide for *179Continuous sawing. Counsel do not seriously disagree as to the general rules governing the admission of evidence to prove custom…
2Cited by4 opinions
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- State ex rel. News Publishing Co. v. ParkWisconsin Supreme Court · 1917
- Chicago, Indianapolis & Louisville Railway Co. v. PetersonWisconsin Supreme Court · 1918