Vogt v. Schienebeck
Wisconsin Supreme Court
'Appeal from a judgment of tbe circuit court for Ashland county: Joi-iN K. Paeisi-i, Circuit Judge. Action to recover damages for breach of contract for the sale of lumber.
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'Appeal from a judgment of tbe circuit court for Ashland county: Joi-iN K. Paeisi-i, Circuit Judge. Action to recover damages for breach of contract for the sale of lumber. The complaint was to the effect that defendant contracted to sell plaintiff 100,000 feet of one-inch pine lumber then owned by the former and piled at Stad-ler’s mill, near the village of Butternut, Wisconsin, at $8 per thousand feet for the culls, and $15 per thousand feet for common or better, delivery to be made to the plaintiff free on board cars at Butternut upon demand by him within two months from November 15, 1902,…
1Opinion of the CourtMarshall, J.
The motion for a verdict in appellant’s favor was based on the assumption that, from the contract or evidence, or both, it conclusively appeared that it was respondent’s duty to furnish the cars. The trial court’s view, as indicated in the statement, was that prima facie the contract requiring respondent to deliver the logs f. o. b. cars at the point where the transit by rail was to commence, burdened appellant with the duty of furnishing the cars. So the jury were instructed:
*495“The plaintiff must prove by a fair preponderance of evidence that the words e£. o. b. cars’ as used in this ease mean…
2Cases cited15 opinions
- Herbst v. LoweWisconsin Supreme Court · 1886
- Sheffield Furnace Co. v. Hull Coal & Coke Co.Supreme Court of Alabama · 1893
- Cockburn v. Ashland Lumber Co.Wisconsin Supreme Court · 1882
- A. J. Neimeyer Lumber Co. v. Burlington & Missouri River RailroadNebraska Supreme Court · 1898
- John O'Brien Lumber Co. v. WilkinsonWisconsin Supreme Court · 1903
10 more not listed; retrieve them via the Exa API.
3Cited by39 opinions
- Elliott v. HowisonSupreme Court of Alabama · 1906
- R. J. Menz Lumber Co. v. E. J. McNeeley & Co.Washington Supreme Court · 1910
- American Surety Co. v. School District No. 64Nebraska Supreme Court · 1928
- Home Pattern Co. v. W. W. Mertz Co.Supreme Court of Connecticut · 1913
- Sund & Co. v. Flagg & Standifer Co.Oregon Supreme Court · 1917
34 more not listed; retrieve them via the Exa API.