Schwalm v. McIntyre
Wisconsin Supreme Court
APPEAL from' tbe County Court of Winnebago County. This was an action against William Roache and A. McIntyre upon a written contract for the delivery of wood. The complaint avers a failure to fulfill the contract, and damages. McIntyre answered by a general denial. The pleadings were not verified.
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APPEAL from' tbe County Court of Winnebago County. This was an action against William Roache and A. McIntyre upon a written contract for the delivery of wood. The complaint avers a failure to fulfill the contract, and damages. McIntyre answered by a general denial. The pleadings were not verified. On the trial, the plaintiff,offered in evidence the written contract declared upon, which, after the date, was as follows : “ For value received, I promise to deliver to L. Schwalm or bearer, at Oshkosh, forty cords of wood, on or before the 20th day of June, 1862. It is to be good hard wood.…
1Opinion of the Court
By the Court,
Paime, J.
It is unnecessary to determine whether or not the court below was right in rejecting the note or contract offered in evidence, until the plaintiff had explained what appeared to be alterations upon the face of it. For even though th'e legal presumption, in the absence of any proof to the contrary, may have been, as claimed by the appellant, that such alterations had been made before delivery, yet the plaintiff himself afterwards testified that the alteration as to the quality of the wood was made by the defendant Boache after the instrument was signed by McIntyre, and…
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