Franck v. Stout
Wisconsin Supreme Court
'Appeal from a judgment of the circuit court for Taylor ■county: John E. Parish, Circuit Judge. This action was brought to recover damages for breach of an agreement in an oral lease to defendants of plaintiff’s sawmill whereby defendants agreed to keep the same insured during the term of the lease in the sum of $800 for the benefit of the plaintiff.
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'Appeal from a judgment of the circuit court for Taylor ■county: John E. Parish, Circuit Judge. This action was brought to recover damages for breach of an agreement in an oral lease to defendants of plaintiff’s sawmill whereby defendants agreed to keep the same insured during the term of the lease in the sum of $800 for the benefit of the plaintiff. The complaint contained a second cause of action for material furnished, but this cause of action was withdrawn upon the trial. Defendants denied the agreec ment to keep the premises insured. The property was destroyed by fire. There was a…
1Opinion of the CourtKerwin, J.
The evidence tends to prove that the defendants agreed to keep the property of plaintiff insured for his benefit in the sum of $800, took out a policy for $800 for the benefit of plaintiff, which was canceled, and failed to procure other insurance, and that the property was destroyed by fire and plaintiff sustained damages in consequence of such fire in the sum of $800. The defendants seek to reverse the judgment for alleged errors committed on the trial.
1. The appellants assign error upon the following instruction: . ^
“The measure of damages on breach of this covenant or condition is the…
2Cited by7 opinions
- Bentley v. FayasWisconsin Supreme Court · 1951
- Robinson v. JanayNew Jersey Superior Court Appellate Division · 1969
- Marconi Wireless Telegraph Co. of America v. Universal Transportation Co.Appellate Division of the Supreme Court of the State of New York · 1920
- Benton v. Alcazar Hotel Co.Supreme Court of Missouri · 1944
- Louisiana Farm Bureau Mutual Insurance v. ThompsonSupreme Court of Louisiana · 1998
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