Kelly v. Berry
Wisconsin Supreme Court
APPEAL from the Circuit Court for St. Croix County. The complaint alleges that on the 6th of November, 1872, plaintiff entered into a contract with the defendants to cut and deliver, rafted in strings, all the saw logs he should cut during tbe ensuing winter, at prices fixed by said contract, and to have said logs rafted by tbe first day of June, ensuing; tbat be duly performed all tbe agreements to be by Mm performed, by tbe terms of said contract, and bad rafted, and ready…
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APPEAL from the Circuit Court for St. Croix County. The complaint alleges that on the 6th of November, 1872, plaintiff entered into a contract with the defendants to cut and deliver, rafted in strings, all the saw logs he should cut during tbe ensuing winter, at prices fixed by said contract, and to have said logs rafted by tbe first day of June, ensuing; tbat be duly performed all tbe agreements to be by Mm performed, by tbe terms of said contract, and bad rafted, and ready for delivery on said day, all said logs so cut; tbat tbe defendants, being duly notified tbat sucb logs were so ready,…
1Opinion of the CourtLtoN, J.
On tbe question whether the logs were transferred by the plaintiff to the defendants through Coon & Barlow’s satisfaction of the contract, as alleged in the answer, there is a conflict of testimony. The question was fairly submitted to the jury, and they answered it adversely to the defendants. We cannot say that it was wrongly determined.
The learned circuit judge instructed the jury that if, when the undertaking of Coon, Bax-low, North, Baldwin and the bank, was delivered to the defendants, they made no further objection to receiving the logs on account of the liens thereon," but were…
2Cited by2 opinions
- German Savings Inst. v. De La Vergne Refrigerating Mach. Co.Court of Appeals for the Eighth Circuit · 1895
- Berg v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1911