Hammer v. Schœnfelder
Wisconsin Supreme Court
APPEAL from the County Court of Milwaukee County. Action to recover damages for defendant’s breach of contract. Plaintiff had a verdict and judgment for $200; and defendant appealed. The nature of the contract and of the breach thereof, and the errors alleged, will sufficiently appear from the opinion.
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APPEAL from the County Court of Milwaukee County. Action to recover damages for defendant’s breach of contract. Plaintiff had a verdict and judgment for $200; and defendant appealed. The nature of the contract and of the breach thereof, and the errors alleged, will sufficiently appear from the opinion. In support of the view that the contract price of the ice should be deducted from the gross damages accruing to the plaintiff from all causes, they cited Sedgwick on Dam., 260; Bank of Montgomery v. Reese, 26 Pa. St., 143; Mellóse v. Fulmer, 73 id., 365; Messmore v. F. Y. Shot do Lead, Co., 40…
1Opinion of the CourtCole, J.
The only question in this case relates to the rule of damages for the failure of the defendant to supply ice according to his contract. The plaintiff was a butcher by trade, and the defendant undertook and agreed to furnish him with what ice he might require for his ice box, in which he kept fresh meat, at a stipulated sum for the season of 1878.
About the last of July the defendant stopped supplying ice, and refused any longer to furnish the plaintiff with ice for his box. In consequence the plaintiff lost considerable fresh meat, which spoiled for want of ice. The defendant had supplied the…
2Cases cited4 opinions
- Messmore v. New York Shot & Lead Co.New York Court of Appeals · 1869
- Shepard v. Milwaukee Gas Light Co.Wisconsin Supreme Court · 1862
- Richardson v. ChynowethWisconsin Supreme Court · 1870
- Harvey v. MyerIndiana Supreme Court · 1857
3Cited by21 opinions
- Skagit Railway & Lumber Co. v. ColeWashington Supreme Court · 1891
- Blagen v. ThompsonOregon Supreme Court · 1892
- Albany Phosphate Co. v. Hugger Bros.Court of Appeals of Georgia · 1908
- Gross v. HeckertWisconsin Supreme Court · 1904
- Poposkey v. MunkwitzWisconsin Supreme Court · 1887
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