Agnew v. Baldwin
Wisconsin Supreme Court
Appeals from a judgment of tbe circuit court for Milwaukee county: OeeeN T. Williams, Circuit Judge. Tbis is au action to recover damages for failure to deliver a part of tbe lumber agreed to be delivered by tb© terms of a written agreement executed by defendant to tbe plaintiff November 28, 1905. Tbe agreement recites tbe receipt of tbe sum of $2,200, and provides for tbe delivery of lumber of good quality tberefor at sucb times and places in tbe village of West Allis as…
Read the full summary
Appeals from a judgment of tbe circuit court for Milwaukee county: OeeeN T. Williams, Circuit Judge. Tbis is au action to recover damages for failure to deliver a part of tbe lumber agreed to be delivered by tb© terms of a written agreement executed by defendant to tbe plaintiff November 28, 1905. Tbe agreement recites tbe receipt of tbe sum of $2,200, and provides for tbe delivery of lumber of good quality tberefor at sucb times and places in tbe village of West Allis as plaintiff may direct, and at tbe lowest casb prices for which tbe same could be bought of retail dealers. It is admitted…
1Opinion of the Court
Tbe following opinion was filed June 5, 1908:
WiNSlow, O. J.
It seems plain that by stipulating to 'the entry of tbe judgment tbe defendant waived bis right of appeal therefrom. Tbe circuit judge evidently granted a new trial in the exercise of bis discretion because be was dissatisfied with tbe damages allowed by tbe jury on the counterclaim, but granted to tbe defendant the privilege of averting a new trial by reducing bis damages to a sum which tbe court deemed reasonable. Tbe defendant could take any one of three courses: be could appeal from tbe order if be deemed that tbe court’s…
2Cases cited3 opinions
- Meincke v. FalkWisconsin Supreme Court · 1882
- Mueller v. CookWisconsin Supreme Court · 1906
- Central Lithographing & Engraving Co. v. MooreWisconsin Supreme Court · 1882
3Cited by10 opinions
- Antwaun A. Ex Rel. Muwonge v. Heritage Mutual InsuranceWisconsin Supreme Court · 1999
- County of Racine v. SmithCourt of Appeals of Wisconsin · 1984
- Los Angeles & Salt Lake Railroad v. UmbaughNevada Supreme Court · 1942
- County of Ozaukee v. QuelleCourt of Appeals of Wisconsin · 1995
- Papenthien v. CoerperWisconsin Supreme Court · 1924
5 more not listed; retrieve them via the Exa API.