Worthington Pump & Machinery Corp. v. Northwestern Iron Co.
Wisconsin Supreme Court
Appeal from an order of the circuit court for Milwaukee county: Lawrence W. Halsey, Circuit Judge. This is an appeal by the plaintiff from an order entered on June 4, 1921, denying the petition of the plaintiff for an inspection and permission to take copies of letters, telegrams, memoranda, books, papers, and other records passing between the defendant and Pickands, Brown & Company, its agent.
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Appeal from an order of the circuit court for Milwaukee county: Lawrence W. Halsey, Circuit Judge. This is an appeal by the plaintiff from an order entered on June 4, 1921, denying the petition of the plaintiff for an inspection and permission to take copies of letters, telegrams, memoranda, books, papers, and other records passing between the defendant and Pickands, Brown & Company, its agent. The complaint, among other things, alleges that on August 5,' 1918, the plaintiff and defendant entered into a contract by the terms of which the defendant agreed to sell and the plaintiff agreed to…
1Opinion of the CourtDoerfler, J.
The writings and correspondence requested may be grouped as follows: (1) Those pertaining to the attempted cancellation of the contracts in December, 1918, and the early part of 1919; (2) the cancellation of the contracts by the defendant in December, 1919; (3) those relating to the reduction of the price of the undelivered tonnage to $26.75 per ton; andt(4) as to the withholding of shipments after May 19, 1919.
To entitle a party to an inspection or. production of such writings it is necessary that they should be in the possession or control of the adverse party. 6 Ency. PI. & Pr. 794, and…
2Cases cited2 opinions
- Hoyt v. American Exchange BankThe Superior Court of New York City · 1853
- Schlesinger v. EllingerWisconsin Supreme Court · 1908
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- Whanger v. American Family Mutual InsuranceWisconsin Supreme Court · 1973
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