Legal Opinion

Hicks Printing Co. v. Wisconsin Central Railway Co.

Wisconsin Supreme Court

Decided March 30, 1909PublishedCited by 8 opinions

Appeal from a judgment of tbe circuit court for Winnebago county: Geo. W. BueNELl, Circuit Judge. Tbe plaintiff publishes a newspaper at Oshkosh, Wisconsin, and the defendant is a railway company. Eor several years preceding 1906 the plaintiff did advertising for the defendant, which was paid for in 'transportation. The advertising in a general way consisted of publishing time cards and such announcements as the railway company desired to make.

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Appeal from a judgment of tbe circuit court for Winnebago county: Geo. W. BueNELl, Circuit Judge. Tbe plaintiff publishes a newspaper at Oshkosh, Wisconsin, and the defendant is a railway company. Eor several years preceding 1906 the plaintiff did advertising for the defendant, which was paid for in 'transportation. The advertising in a general way consisted of publishing time cards and such announcements as the railway company desired to make. In December, 1905, the defendant forwarded to the plaintiff written duplicate unsigned contracts for execution intended to cover the year 1906.…

1Opinion of the CourtBarnes, J.

The contract involved on this appeal stated in precise terms that it commenced January 1, 1906, and terminated December 31, 1906. The principal controversy arises over the meaning of the following paragraph in the-contract:

“Party of the second part hereby agrees to publish in the-aforesaid publication during the life of this contract; advertising in the form of time cards, display, or readers, as may be furnished from time to time, necessary and desirable changes, in said advertisements to be made on the request of and without expense to the party of the first part, and to be charged at.…

2Cases cited11 opinions

  1. Hobbs v. McLeanSupreme Court of the United States · 1886
  2. Wyatt v. Larimer & Weld Irrigation Co.Supreme Court of Colorado · 1893
  3. United States v. Central Pacific RailroadSupreme Court of the United States · 1886
  4. Jacobs v. SpaldingWisconsin Supreme Court · 1888
  5. Appleton Iron Co. v. British America Assurance Co.Wisconsin Supreme Court · 1879

6 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Pulp Wood Co. v. Green Bay Paper & Fiber Co.Wisconsin Supreme Court · 1914
  2. Holm v. HansenSupreme Court of Iowa · 1976
  3. Carey v. RathmanWisconsin Supreme Court · 1972
  4. Fergen v. LyonsWisconsin Supreme Court · 1916
  5. Atlantic Terra Cotta Co. v. GroetzlerWisconsin Supreme Court · 1912

3 more not listed; retrieve them via the Exa API.

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