McDowell v. Laev
Wisconsin Supreme Court
APPEAL from the Circuit Court for Oconto County. Richard McDowell brought his action against Laev to recover the indebtedness originally due to plaintiff from one Hall, but which Laev had agreed to pay in a written agreement under seal, entered into between himself and Hall.
Read the full summary
APPEAL from the Circuit Court for Oconto County. Richard McDowell brought his action against Laev to recover the indebtedness originally due to plaintiff from one Hall, but which Laev had agreed to pay in a written agreement under seal, entered into between himself and Hall. By the terms of the agreement, as set forth in the complaint, Hall, as party of the first part, agrees to assign and set over to Ljaev, party of the second part, “ all white pine logs and all hemlock logs now lying and situate near or about what is known as Hall’s Portable Mill, and owned by him, the said first party, and…
1Opinion of the CourtDixoisr, C. J.
It is well settled in this state, that when one person, for a valuable consideration, engages with another, by simple contract, to do some act for the benefit of a third, the latter, who would enjoy the benefit of the act, may maintain an action for the breach of such engagement. Cotterill v. Stevens, 10 Wis., 422; Cook v. Barrett, 15 id., 596; Kimball v. Noyes, 17 id., 695; McClellan v. Sanford., 26 id., 595; Putney v. Farnham, 27 id., 187.
The question whether this principle extends beyond mere simple contracts, or is applicable to contracts under seal, is in - volved in more doubt, and is…
2Cases cited4 opinions
- Orton v. NoonanWisconsin Supreme Court · 1870
- Keeler v. Niagara Fire InsuranceWisconsin Supreme Court · 1863
- Cotterill v. StevensWisconsin Supreme Court · 1860
- Emery v. HitchcockNew York Supreme Court · 1834
3Cited by16 opinions
- Webster v. FlemingIllinois Supreme Court · 1899
- Johannes v. Phenix Insurance Co. of BrooklynWisconsin Supreme Court · 1886
- Bassett v. HughesWisconsin Supreme Court · 1877
- Johnston v. Charles Abresch Co.Wisconsin Supreme Court · 1904
- Kollock v. ParcherWisconsin Supreme Court · 1881
11 more not listed; retrieve them via the Exa API.