Hess v. Holt Lumber Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Forest county: -W. B. Quinlan, Circuit Judge. Specific performance. The plaintiff lives at Cavour, Forest county, and the defendant has its principal office at Oconto, Wisconsin, and owns timber lands in Forest county.
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Appeal from a judgment of the circuit court for Forest county: -W. B. Quinlan, Circuit Judge. Specific performance. The plaintiff lives at Cavour, Forest county, and the defendant has its principal office at Oconto, Wisconsin, and owns timber lands in Forest county. On August 28, 1919, plaintiff wrote to defendant as follows: “About a week ago I spoke to your cruiser, Mr. Leigh, about a little bunch of stuff left on the N.E. of S.W., N.W. of S.E., sec. 19-37-16 E., which I would like to buy if I can buy it right away, as I would want to cut it before snow fell, and in order to do that I would…
1Opinion of the CourtRosen'berry, J.
The defendant claims that the court erred for the reason that the letter of September 17th did not amount to an acceptance, as . there was a material variation from the terms of the offer. Considerable evidence was offered and received as to the conduct of the parties subsequent to the receipt of the letter by defendant. We regard all of this evidence as immaterial, for the reason that before the letter of acceptance was received by the defendant it had withdrawn its offer. If there was a valid, enforceable contract, it must have been made by the acceptance mailed by the plaintiff on…
2Cases cited13 opinions
- National Bank v. HallSupreme Court of the United States · 1880
- Curtis Land & Loan Co. v. Interior Land Co.Wisconsin Supreme Court · 1908
- Turner v. McCormickWest Virginia Supreme Court · 1904
- Kreutzer v. LynchWisconsin Supreme Court · 1904
- Baker v. HoltWisconsin Supreme Court · 1882
8 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Mansfield v. SmithWisconsin Supreme Court · 1979
- Livesey v. Copps Corp.Court of Appeals of Wisconsin · 1979
- Leuchtenberg v. HoeschlerWisconsin Supreme Court · 1955
- Meas v. YoungCourt of Appeals of Wisconsin · 1987
- Edlebeck v. BarnesWisconsin Supreme Court · 1974
3 more not listed; retrieve them via the Exa API.