Parish v. McPhee
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Ashland county: O. E. Wyman, Judge. On. November 24,1894, ■ plaintiff and defendant entered -into a written contract in legal effect as follows: The plaintiff thereby sold and conveyed to defendant all the merchantable pine timber on certain described lands and gave defendant the right to enter upon said lands and manufacture such portions of said timber as was fit therefor into “ wany timber.”
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Appeal from a judgment of the circuit court for Ashland county: O. E. Wyman, Judge. On. November 24,1894, ■ plaintiff and defendant entered -into a written contract in legal effect as follows: The plaintiff thereby sold and conveyed to defendant all the merchantable pine timber on certain described lands and gave defendant the right to enter upon said lands and manufacture such portions of said timber as was fit therefor into “ wany timber.” Plaintiff agreed to cut into saw logs the remaining timber on said land, and to deliver the saw logs and “wany timber” on .the lake at Big Bay, Madeline…
1Opinion of the CourtBardeen, J.
Upon the argument, both parties asked the court to determine this case upon the merits, regardless of any technical questions which might be urged as to the right of the plaintiff to maintain this action, or as to any technical errors occurring on the trial. Ignoring all questions of that nature, we shall proceed to dispose of the case upon the evidence and findings of the court.
It developed upon the trial that the timber claimed to have been delivered by the plaintiff under her contract came *244from four different sources: (1) Erom the plaintiff’s homestead; (2) from land owned or acquired by…
2Cited by1 opinion
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