Bowen v. Hastings
Wisconsin Supreme Court
APPEAL from the Circuit Court for Outagamie County. This cause was before this court on the appeal of the defendant Van JVortwiek from an order of the circuit court overruling his demurrer to the complaint, and is reported in 38 Wis., 279. The complaint contains the contract between the parties upon which the action is founded, and the assignment thereof by the defendants to the Ames Wood Pulp Company, and is sufficiently stated in the report of the case on the former…
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APPEAL from the Circuit Court for Outagamie County. This cause was before this court on the appeal of the defendant Van JVortwiek from an order of the circuit court overruling his demurrer to the complaint, and is reported in 38 Wis., 279. The complaint contains the contract between the parties upon which the action is founded, and the assignment thereof by the defendants to the Ames Wood Pulp Company, and is sufficiently stated in the report of the case on the former appeal. This court then gave a construction to such contract and assignment. The defendants have all answered. The substance…
1Opinion of the CourtLtojt, J.
We think there is sufficient testimony in the case to support the referee’s findings of fact. Hence such findings cannot he disturbed.
If the contract between the parties, and the assignment thereof to the Ames 'Wood Pulp Company by the defendants, receive the same construction on this appeal that was given them on the appeal of the defendant Van Wortwick (38 Wis., 279), it seems clear that the findings of fact fully sustain the referee’s conclusions of law and the judgment rendered pursuant thereto. We are to determine, therefore, whether the contract and assignment must be construed on this…
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