Lawrence v. Milwaukee, Lake Shore & Western Railway Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Winnebago County. This action was brought to recover damages for the nonperformance by defendant railway company of an alleged contract to transport certain logs for plaintiff.
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APPEAL from the Circuit Court for Winnebago County. This action was brought to recover damages for the nonperformance by defendant railway company of an alleged contract to transport certain logs for plaintiff. The contract is stated in the complaint as follows: “That on or about December 11, 1889, the defendant and plaintiff duly entered into a mutual valid agreement, wherein and whereby the defendant agreed to transport at once by rail, oh its railroad, from Kemps ter to the city of Oshkosh, both being shipping stations on the line of the defendant railroad, about three million feet of logs…
1Opinion of the CourtLyoN, C. J.
Seventeen specific errors are assigned and relied upon to work a reversal of the judgment from which this appeal is'taken. Some of these are purely tech-nica!, and require little notice. Those which, if well taken, are deemed material, may well be classified under fewer heads. It is believed that the determination of the following questions (which will be considered in their order) is decisive of this appeal: (1) Do the letters of December-10 and 13, 1889, constitute a valid contract between the parties? If so, then (2) did plaintiff perform his .part of such contract? (3) Is there any…
2Cases cited2 opinions
- Moulton v. KershawWisconsin Supreme Court · 1884
- Seaman v. AschermanWisconsin Supreme Court · 1883
3Cited by5 opinions
- Gibson v. De La Salle InstituteCalifornia Court of Appeal · 1944
- Hunt v. S Y Cattle Co.Montana Supreme Court · 1926
- Dingman v. HilberryWisconsin Supreme Court · 1914
- Walter Wallingford Coal Co. v. Cuyahoga Builders Supply Co.Ohio Court of Appeals · 1923
- Gibson v. De La Salle InstituteCalifornia Court of Appeal · 1944