Hathaway v. Lynn
Wisconsin Supreme Court
APPEAL from the Circuit Court for Wood County. In June, 1887, the plaintiff was, and still is, the proprietor of a hotel in the city of Grand' Rapids, known as the “ "Witter House,” and until that time ran an omnibus for the carriage of passengers between his hotel, the residences in the cities of Grand Rapids and Centralia, and two railroad depots, one of which is situated in each of said cities.
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APPEAL from the Circuit Court for Wood County. In June, 1887, the plaintiff was, and still is, the proprietor of a hotel in the city of Grand' Rapids, known as the “ "Witter House,” and until that time ran an omnibus for the carriage of passengers between his hotel, the residences in the cities of Grand Rapids and Centralia, and two railroad depots, one of which is situated in each of said cities. Such cities are separated by the Wisconsin river, and were at that time connected by a free bridge across the river. At the same time the defendant was, and still is, the proprietor of another…
1Opinion of the CourtLyon, J.
The conclusions we have reached relieve us from the necessity of determining whether the stipulation in the agreement of June 29, 1887, to the effect that if either party violate the terms thereof he shall pay to the other party, on demand, the sum of $200, thereby provides for a mere penalty, as in Lyman v. Babcock, 40 Wis. 503, or whether the $200 is to be regarded as liquidated damages, as in Berrinkott v. Traphagen, 39 Wis. 219. Neither are we called upon to decide whether the agreement, which contained no limitation of the time it shall continue, may be rescinded at the option of either…
2Cases cited3 opinions
- Lyman v. BabcockWisconsin Supreme Court · 1876
- Irish v. DeanWisconsin Supreme Court · 1876
- Berrinkott v. TraphagenWisconsin Supreme Court · 1875
3Cited by15 opinions
- Wassenaar v. PanosWisconsin Supreme Court · 1983
- Mandle v. OwensIndiana Court of Appeals · 1975
- Sheffield-King Milling Co. v. JacobsWisconsin Supreme Court · 1920
- Zuelke v. GergoWisconsin Supreme Court · 1951
- Dyer v. Middle Kittitas Irrigation DistrictWashington Supreme Court · 1901
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