John O'Brief Lumber Co. v. Wilkinson
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Eau Claire county: James O’Neill, Circuit Judge. This action was commenced June 15, 1901, to recover some $20,000 claimed to be due on two notes, one dated November 18, 1899, for $6,000, and the other June 30, 1900, for $8,701.23, and for a balance on account of $11,442.70. Such claims grew out of four logging contracts between the plaintiff and the defendants, dated, respectively, May 2, 1898, February 6, 1899, December 1,…
Read the full summary
Appeal from a judgment of the circuit court for Eau Claire county: James O’Neill, Circuit Judge. This action was commenced June 15, 1901, to recover some $20,000 claimed to be due on two notes, one dated November 18, 1899, for $6,000, and the other June 30, 1900, for $8,701.23, and for a balance on account of $11,442.70. Such claims grew out of four logging contracts between the plaintiff and the defendants, dated, respectively, May 2, 1898, February 6, 1899, December 1, 1899, and August 2, 1900. Tbe original answer admitted, in effect, .the claims sot forth in the complaint, but sought to…
1Opinion of the CourtCassoday, C. J.
1. The fii*st question calling for consideration is as to whether it was an abuse of discretion for the trial court to refuse to allow the first, second, and third counterclaims, respectively, to be amended, so as to allege that, by the custom in the locality and neighborhood where the contracts were made and to be performed, the expression “to put and load on cars,” contained therein, “was uniformly used and understood as the equivalent . . . ‘to put and load on cars to be furnished by the owner of the logs/ " as mentioned in the foregoing statement. For the purpose of this *278appeal we assume…
2Cases cited27 opinions
- Chateaugay Ore & Iron Co. v. BlakeSupreme Court of the United States · 1892
- Hart v. MoultonWisconsin Supreme Court · 1899
- Vogt v. SchienebeckWisconsin Supreme Court · 1904
- John O'Brien Lumber Co. v. WilkinsonWisconsin Supreme Court · 1903
- Milwaukee & Mississippi R. R. v. FinneyWisconsin Supreme Court · 1860
22 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Ross v. Northrup, King & Co.Wisconsin Supreme Court · 1914
- Fredonia Canning Co. v. Sergeant & Nicholoy, Inc.Wisconsin Supreme Court · 1936