Kellogg v. Costello
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Douglas county: R. D. Maeshall, Circuit Judge. This action is to recover the value of a quantity of lumber alleged to have been converted by the defendants’ testator. The action ivas tried by the court without a jury, and at the conclusion of the trial the following findings of fact were made, all of which are sustained by the evidence: “First.
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Appeal from a judgment of the circuit court for Douglas county: R. D. Maeshall, Circuit Judge. This action is to recover the value of a quantity of lumber alleged to have been converted by the defendants’ testator. The action ivas tried by the court without a jury, and at the conclusion of the trial the following findings of fact were made, all of which are sustained by the evidence: “First. That prior to the 14th day of August, 1891, the plaintiff’s assignor, John Watkins, was engaged in the execution of a contract with the city of Superior for the paving of a portion of John avenue, in said…
1Opinion of the CourtWinslow, J.
The main question in the case is whether the contract of conditional sale of the lumber in question entered into betAveen the Huntress & Brown Lumber Company and the plaintiff’s assignor May 3, 1891, and filed July 27th following, satisfies the statute (sec. 2317, R. S.) Avhich provides that no contract of sale of personal property, by Avhich the title remains in the vendor aud the possession in the vendee until the purchase price is paid, shall be valid as against any person save the parties and those having notice thereof, unless it be in Avriting subscribed by the parties, and filed in the…
2Cases cited2 opinions
- S. L. Sheldon Co. v. MayersWisconsin Supreme Court · 1892
- Edgerton v. MichelsWisconsin Supreme Court · 1886
3Cited by6 opinions
- Beardsley v. SchmidtWisconsin Supreme Court · 1904
- Rhee v. L. K. Small Co.California Court of Appeal · 1927
- Story & Clark Piano Co. v. HolmesCourt of Appeals for the Seventh Circuit · 1918
- McGregor Co. v. HeritageCourt of Appeals of Oregon · 1980
- TRI-COUNTY FINANCE, INC. v. MillerWisconsin Supreme Court · 1954
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