John O'Brien Lumber Co. v. Wilkinson
Wisconsin Supreme Court
Appeal from an order of the circuit court for Ashland •county: James O’Neill, Judge. Appeal by defendants from order sustaining general demurrers to three counterclaims, each based on a separate logging contract^ dated, respectively, May 2, 1898, Eebruary 6, 1899, and December 1, 1899. All three contracts were for logging operations by the defendants upon lands of the plaintiff, to be carried on by means of logging railroads extending from the tracks of the Washburn,…
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Appeal from an order of the circuit court for Ashland •county: James O’Neill, Judge. Appeal by defendants from order sustaining general demurrers to three counterclaims, each based on a separate logging contract^ dated, respectively, May 2, 1898, Eebruary 6, 1899, and December 1, 1899. All three contracts were for logging operations by the defendants upon lands of the plaintiff, to be carried on by means of logging railroads extending from the tracks of the Washburn, Bayfield & Iron River Railway Company, and in all of which the defendants agreed to construct the roadbeds for any such spurs…
1Opinion of the CourtDodge, J.
The single question at' issue upon this appeal is whether, under the logging contracts set forth, the plaintiff became obligated to furnish the cars on which to load the logs,, so that failure to furnish them in quantities adequate for loading at the contract rate constituted breach of plaintiff’s, contractual duty. The general rule is that one who undertakes to accomplish a certain result, by necessary implication agrees to supply all means necessary to such result. Savage v. Whitaker, 15 Me. 24; Godkin v. Monahan, 83 Fed. 116; Meekins v. Newberry, 101 N. C. 17, 7 S. E. 655; Currier v. B. &…
2Cases cited10 opinions
- Black v. WoodrowCourt of Appeals of Maryland · 1874
- Brader v. BraderWisconsin Supreme Court · 1901
- Herbst v. LoweWisconsin Supreme Court · 1886
- Hei v. HellerWisconsin Supreme Court · 1881
- Boyington v. SweeneyWisconsin Supreme Court · 1890
5 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Elliott v. HowisonSupreme Court of Alabama · 1906
- Vogt v. SchienebeckWisconsin Supreme Court · 1904
- R. J. Menz Lumber Co. v. E. J. McNeeley & Co.Washington Supreme Court · 1910
- Danielson v. Bank of ScandinaviaWisconsin Supreme Court · 1930
- Wheelwright v. Pure Milk Ass'nWisconsin Supreme Court · 1932
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