Braun v. Wisconsin Rendering Co.
Wisconsin Supreme Court
Appeal from a judgment of the superior court of Milwaukee county: J. 0. Ludwig, Judge. On the 24th day of June, 1892, plaintiff and defendant entered into a written contract whereby the parties agreed as follows: “The said first party [plaintiff], in consideration of the sum of $500 to him to be paid, does hereby lease unto said second party, for a term of three months from June 24,1892, ten cars and 2,500 feet of track.
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Appeal from a judgment of the superior court of Milwaukee county: J. 0. Ludwig, Judge. On the 24th day of June, 1892, plaintiff and defendant entered into a written contract whereby the parties agreed as follows: “The said first party [plaintiff], in consideration of the sum of $500 to him to be paid, does hereby lease unto said second party, for a term of three months from June 24,1892, ten cars and 2,500 feet of track. Should said second party, however, return said cars and track before the expiration of the said three months, they are to pay for the use thereof at the rate of $200 per…
1Opinion of the CourtMaRshall, J.
There are several questions presented on this appeal, which will be considered in their order.
1. The first error assigned is that the court erred in the construction of the contract, in that it was not found that defendant was entitled to have the payments for rent applied on the purchase money.
In construing a contract, it must be observed that while ¡the office of judicial construction is to give effect to the intention of the parties, and that words and sentences should ■be so construed as to subserve such intention (Johnson v. N. W. Nat. Ins. Co. 39 Wis. 87; Weiseger v. Wheeler, 14 Wis.…
2Cases cited23 opinions
- Packet Co. v. SicklesSupreme Court of the United States · 1867
- Harmon v. Auditor of Public AccountsIllinois Supreme Court · 1887
- Juilliard v. . ChaffeeNew York Court of Appeals · 1883
- Hubbard v. MarshallWisconsin Supreme Court · 1880
- Jacobs v. SpaldingWisconsin Supreme Court · 1888
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3Cited by21 opinions
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- North Carolina Railroad v. StorySupreme Court of the United States · 1925
- Vogt v. SchienebeckWisconsin Supreme Court · 1904
- Kipp v. LaunWisconsin Supreme Court · 1911
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