Cameron v. White
Wisconsin Supreme Court
APPEAL from the Circuit Court for Milwaukee County. Action to reform a written contract for the sale and delivery to the defendant of a quantity of sawed lumber, and to recover damages for a breach thereof. The defendant was a lumber dealer, doing business in the city of Milwaukee under the name of the Phoenix Lumber Co. The facts will sufficiently appear from the opinion. The defendant appeals from a judgment in favor of the plaintiffs.
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APPEAL from the Circuit Court for Milwaukee County. Action to reform a written contract for the sale and delivery to the defendant of a quantity of sawed lumber, and to recover damages for a breach thereof. The defendant was a lumber dealer, doing business in the city of Milwaukee under the name of the Phoenix Lumber Co. The facts will sufficiently appear from the opinion. The defendant appeals from a judgment in favor of the plaintiffs. They contended, inter alia, that it was error to allow the plaintiff, for the purpose of establishing the agency of Mr. Reed, to introduce proof of…
1Opinion of the CourtTaylor, J.
The respondents brought this action to reform a contract for getting out and delivering'to the appellant a large quantity of sawed hard-wood lumber, and in the same complaint they seek to recover damages of the defendant for a breach of such contract.
That the respondents may join two such causes of action, one in equity' and one at law, is not controverted. This court has decided that such causes of action may be joined, under the provisions of sec. 2647, R. S. Harrison v. Juneau Bank, 17 Wis. 340, 350. This court has also decided that in such actions the equitable action should be tried by…
2Cases cited9 opinions
- Nilson v. MorseWisconsin Supreme Court · 1881
- Hammel v. Queen Insurance Co. of London & LiverpoolWisconsin Supreme Court · 1880
- Nash v. HoxieWisconsin Supreme Court · 1884
- Harrison v. Juneau BankWisconsin Supreme Court · 1863
- Chapman v. IngramWisconsin Supreme Court · 1872
4 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Sullivan v. McMillanSupreme Court of Florida · 1896
- Krakow v. WilleWisconsin Supreme Court · 1905
- Garden City Feeder Co. v. Commissioner of Internal Rev.Court of Appeals for the Eighth Circuit · 1935
- Carolina Portland Cement Co. v. Columbia Improvement Co.Court of Appeals of Georgia · 1908
- Tufts v. WeinfeldWisconsin Supreme Court · 1894
14 more not listed; retrieve them via the Exa API.