Warren v. Bean
Wisconsin Supreme Court
ERROR TO PORTAGE CIRCUIT COURT. This was an action of covenant brought by tbe defendant in in error against tbe plaintiffs in error, in tbe Circuit Court, upon a certain agreement entered into between said'parties on tbe 15th day of December, 1851, in and by which tbe plaintiff below undertook and agreed to perform certain labor in and about enlarging the slide and improving tbe capacity of tbe same for running lumber at Big Bull Falls, on tbe Wisconsin River, according to…
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ERROR TO PORTAGE CIRCUIT COURT. This was an action of covenant brought by tbe defendant in in error against tbe plaintiffs in error, in tbe Circuit Court, upon a certain agreement entered into between said'parties on tbe 15th day of December, 1851, in and by which tbe plaintiff below undertook and agreed to perform certain labor in and about enlarging the slide and improving tbe capacity of tbe same for running lumber at Big Bull Falls, on tbe Wisconsin River, according to the specifications and descriptive details in said agreement contained at large, “ during the present winter months, and…
1Opinion of the Court
By the Gouri,
Cole J.
We are clearly of the opinion that a new trial must be granted in this case. The plaintiff below and defendant in error here, brought an action of covenant upon, a contract under seal, in which on his part he had agreed to do certain work at the Big Bull Palls, on the Wisconsin River; such as blasting out rock in and along the channel of the river, and putting in and enlarging a slide at that place, and to receive as consideration therefor the price and sum of two hundred thousand feet of pine lumber, of a certain quality, to be delivered to him by the defendant below,…
2Cases cited4 opinions
- Jewell v. SchroeppelNew York Supreme Court · 1825
- Board v. HelmCourt of Appeals of Kentucky · 1859
- Philips & Butler v. RoseNew York Supreme Court · 1811
- Anderson v. HitchcockNew York Supreme Court · 1829
3Cited by13 opinions
- Weidert v. State Insurance Co.Oregon Supreme Court · 1890
- Wood, Curtis & Co. v. SeurichCalifornia Court of Appeal · 1907
- McDonald v. BryantWisconsin Supreme Court · 1888
- Donnelly v. EastesWisconsin Supreme Court · 1896
- Coos Bay R. R. v. NoslerOregon Supreme Court · 1897
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