Manistee Iron Works Co. v. Shores Lumber Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Ashland county: John K. Paeish, Circuit Judge. The plaintiff brought this action against the defendant to recover a balance of $2,030.45, and interest from May 15, 1893, alleged to be due under a written contract between the parties, and for extra work and materials.
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Appeal from a judgment of the circuit court for Ashland county: John K. Paeish, Circuit Judge. The plaintiff brought this action against the defendant to recover a balance of $2,030.45, and interest from May 15, 1893, alleged to be due under a written contract between the parties, and for extra work and materials. By the contract made December 29, 1892, the plaintiff agreed to make and compound a certain marine engine, and to build and maufacture for it a certain marine fire box boiler, and put the same on the foundation in the defendant’s steam barge, D. W. Powers, at Sheboygan, Wis.,…
1Opinion of the CourtPinney, J.
1. At the time the contract was made the barge was lying at Chicago in a leaky condition and had considerable water in its hold covered with thin ice. The work contracted for was to be done at Sheboygan, to which place, it is conceded, the defendant was to take the barge; and, in the absence of any special agreement, it may be assumed that it was the duty of the defendant to deliver it at the latter place within a reasonable time, for that purpose. There was evidence tending to show that' the parties made a subsequent agreement by parol, as they might do, as to the time of delivery. Bannon v.…
2Cases cited8 opinions
- United States v. BabbitSupreme Court of the United States · 1862
- Hudson Canal Co. v. Pennsylvania Coal Co.Supreme Court of the United States · 1869
- Lyman v. BabcockWisconsin Supreme Court · 1876
- Menominee River Sash & Door Co. v. Milwaukee & Northern RailroadWisconsin Supreme Court · 1895
- Yenner v. HammondWisconsin Supreme Court · 1874
3 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Gates v. ParmlyWisconsin Supreme Court · 1896
- Union Selling Co. v. JonesCourt of Appeals for the Eighth Circuit · 1904
- John O'Brien Lumber Co. v. WilkinsonWisconsin Supreme Court · 1903
- Godkin v. MonahanCourt of Appeals for the Seventh Circuit · 1897
- Edward E. Gillen Co. v. John H. Parker Co.Wisconsin Supreme Court · 1919
3 more not listed; retrieve them via the Exa API.