German American Bank v. Webster Manufacturing Co.
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Douglas county: A. J. ViNje, Circuit Judge. This is an action to recover an amount alleged to be due from the defendant company on a contract made between it and Eay L. Cusick & Co. The plaintiff seeks to enforce a lien held by it on timber embraced in the contract.
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Appeal from a judgment of tbe circuit court for Douglas county: A. J. ViNje, Circuit Judge. This is an action to recover an amount alleged to be due from the defendant company on a contract made between it and Eay L. Cusick & Co. The plaintiff seeks to enforce a lien held by it on timber embraced in the contract. By the contract Eay L. Cusick & Co. sold to the defendant about 3,000,000 feet of oak saw logs and about 1,000,000 feet of other saw logs, intending thereby to sell and deliver all the standing timber owned and controlled by Eay L. Cusick & Co, on the premises specified in Bayfield…
1Opinion of the Court
The following opinion was filed October 25, 1910:
SiebecKeb, J.
The appellant’s first contention is that the •court erred in holding the contract apportionable, thereby making defendant liable to pay for the logs actually delivered without requiring the vendors to deliver all of the logs as a condition to enforce payment of the balance of the purchase price for those delivered prior to May 1, 1908. True, theparties made a sale of all the timber on the specified lands, but the •contract does not specify that delivery of all the logs should be made before payment should be made for those actually…
2Cases cited4 opinions
- Badger State Lumber Co. v. G. W. Jones Lumber Co.Wisconsin Supreme Court · 1909
- Malueg v. Hatten Lumber Co.Wisconsin Supreme Court · 1909
- Kerslake v. McInnisWisconsin Supreme Court · 1902
- National Knitting Co. v. Bouton & Germain Co.Wisconsin Supreme Court · 1909
3Cited by1 opinion
- Ambler v. SinaikoWisconsin Supreme Court · 1919