Fornette v. Carmichael
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Chippewa County. Action to recover an unpaid balance of tbe price of certain pine saw-logs sold by tbe plaintiffs to tbe defendant.
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APPEAL from tbe Circuit Court for Chippewa County. Action to recover an unpaid balance of tbe price of certain pine saw-logs sold by tbe plaintiffs to tbe defendant. Tbe contract of sale, wbicb is in writing and was duly executed by tbe parties, is as follows: “ Know all men by these presents, that Hercules Gayner and Flavian Fornette, of Chippewa Falls, "Wisconsin, of tbe first part, for and in consideration of eleven hundred and seventy-six dollars and forty-eight cents, lawful money of tbe United States, to us in band paid at and before tbe sealing and delivery of these presents by Thomas…
1Opinion of the CourtLyoN, J.
The defendant objected on the trial to the admission of evidence of the bank scaling of the logs, on the ground that the contract contemplates a scaling to be made at the boom after the same was entered into, and not the bank scaling.
*204The contract, standing alone, seems to be ambiguous upon tbe question whether the quantity of the logs was to be ascertained by the bank scaling or a boom scaling; but it is a latent ambiguity, which may be explained by testimony ali/unde the writing itself. Hence, the court could not properly hold, as matter of law, that the contract referred to a boom scaling,…
2Cited by2 opinions
- Steele v. SchrickerWisconsin Supreme Court · 1882
- Madunkeunk Dam & Improvement Co. v. E. F. Allen Clothing Co.Supreme Judicial Court of Maine · 1906