Thiel v. John Week Lumber Co.
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Taylor county: JohN K. Paeish, Circuit Judge. Tbis is an action to recover a balance claimed to be due for cutting, skidding, and banking saw logs and to enforce a log lien therefor. Tbe action was tried before a jury.
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Appeal from a judgment of tbe circuit court for Taylor county: JohN K. Paeish, Circuit Judge. Tbis is an action to recover a balance claimed to be due for cutting, skidding, and banking saw logs and to enforce a log lien therefor. Tbe action was tried before a jury. It appeared tbat tbe parties made a written contract December 5, 1904, by which plaintiff was to cut, mark, haul, and bank on Rib river all tbe timber on a certain quarter-section of land during tbe winter of 1904 and 1905 for $5 per thousand, to be paid in instalments as tbe work progressed, tbe final payment to be made May 1,…
1Opinion of the Court
WiNsnow, O. T.
We do not find it necessary to consider the errors assigned in detail. The fundamental questions in the case were whether, under the facts in evidence, the plaintiff was bound by Nelson’s scale, and whether he had lost his right to have a test scale made at the time he made his demand.
The testimony as to the accuracy of Nelson’s scale is not very satisfactory. Under his own testimony it appears that he actually scaled only a portion of the logs and estimated the balance, and it may well be doubted whether he in fact made a scale such as the contract required. But be this as it…
2Cases cited1 opinion
- Skobis v. FergeWisconsin Supreme Court · 1899
3Cited by8 opinions
- Union State Bank v. Peoples State BankWisconsin Supreme Court · 1927
- Reineke v. Commonwealth Insurance Co.North Dakota Supreme Court · 1924
- Rea v. PiersonNebraska Supreme Court · 1925
- Kinart v. Seabury Co.Supreme Court of Iowa · 1921
- Morris v. NelsonSupreme Court of Kansas · 1927
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