Legal Opinion

Lukens Iron & Steel Co. v. Hartmann-Greiling Co.

Wisconsin Supreme Court

Decided May 27, 1919PublishedCited by 5 opinions

Appeal from a judgment of the municipal court of Brown county. Carlton Merrill, County Judge and Acting Municipal Judge.

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Appeal from a judgment of the municipal court of Brown county. Carlton Merrill, County Judge and Acting Municipal Judge. This action was brought to recover for a quantity of steel used in the completing of a marine boiler to be installed in a dredge called the “Gaillard,” then being constructed by the defendant at Green Bay for the United States government at an agreed-price of $105,000. • The boiler was to be completed by April 4, 1916. The market value of the material furnished was $1,113.55. The issues in the case are raised upon counterclaims of defendant for alleged damage occasioned by…

1Opinion of the CourtKerwin, J.

It is established by the evidence and the verdict that the defendant in May, 1915, entered into a contract with the United States government to build a dredge, and afterwards negotiated with A. M. Castle & Company for the purchase of material for the steam boiler in said dredge. The negotiations with A. M. Castle & Company resulted in an order addressed to the plaintiff for such material at an agreed price to be charged to the defendant. No time was fixed for delivery. A. M. Castle & Company knew that the contract contained penalties in case of failure to complete within the time specified in…

2Cases cited16 opinions

  1. Guetzkow Bros. v. A. H. Andrews & Co.Wisconsin Supreme Court · 1896
  2. Gross v. HeckertWisconsin Supreme Court · 1904
  3. Ney v. Eastern Iowa Telephone Co.Supreme Court of Iowa · 1913
  4. Ross v. Northrup, King & Co.Wisconsin Supreme Court · 1914
  5. Brown v. People's National BankMichigan Supreme Court · 1912

11 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Shy v. Industrial Salvage Material Co.Wisconsin Supreme Court · 1953
  2. L. B. Menefee Lumber Co. v. Davis-Johnson Lumber Co.Court of Appeals of Texas · 1929
  3. Venne v. Damrow Bros.Wisconsin Supreme Court · 1927
  4. Ingram-Day Lumber Co. v. SchultzCourt of Appeals for the Seventh Circuit · 1930
  5. Huggett v. Sears, Roebuck & Co.Wisconsin Supreme Court · 1945

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