Poler v. Mitchell
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Marathon county: A. H. Reid, Circuit Judge. Action to recover balance of purchase price for logs sold and delivered to the defendant.
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Appeal from a judgment of the circuit court for Marathon county: A. H. Reid, Circuit Judge. Action to recover balance of purchase price for logs sold and delivered to the defendant. The complaint alleged that some time in January, 1910, the plaintiffs entered into an' oral contract with the defendant to sell to him a certain quantity of basswood, elm, birch, and pine logs, at certain agreed prices except as to elm, and to deliver the same at the sawmill of one George McNinch; that pursuant to such contract they delivered at said mill for the defendant 203,533 feet, which, under such alleged…
1Opinion of the CourtViNje, J.
Two disputed questions of fact arise upon this appeal, namely, the place of delivery of the logs and the amount delivered. Plaintiffs claim the contract called for delivery at McNinch’s mill, while defendant’s contention is that the logs were to be delivered by plaintiffs at the mill, were then to be sawed and the lumber piled by plaintiffs, and *586then hauled by them from the mill to the railroad at Elcho, distant about nine miles from the mill. The contract was an oral one and there is a direct conflict in the testimony of the parties as to place of delivery. As circumstances tending to…
2Cases cited7 opinions
- Heimlich v. TaborWisconsin Supreme Court · 1905
- Hart v. GodkinWisconsin Supreme Court · 1904
- Stubbings v. McGregorWisconsin Supreme Court · 1893
- Early v. Chippewa Logging Co.Wisconsin Supreme Court · 1887
- McCormick v. KetchumWisconsin Supreme Court · 1881
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Veazey v. City of DurhamSupreme Court of North Carolina · 1950
- Gerlach v. GruettWisconsin Supreme Court · 1921
- Volk v. FlatzWisconsin Supreme Court · 1931
- Astor Co. v. DengelWisconsin Supreme Court · 1915