Hinckley v. Beckwith
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Waupacca county. Tbe case will appear from tbe opinion of tbe court. There was some evidence tending to show that after tbe machinery in the mill leased by tbe defendants to tbe plaintiffs, stopped running, tbe defendants took it down and used portions of it in a new mill which they were then constructing. 1. Tbe plaintiffs were not entitled to recover as damages, tbe profits which they might have made from tbe mill during tbe portion of tbe…
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APPEAL from tbe Circuit Court for Waupacca county. Tbe case will appear from tbe opinion of tbe court. There was some evidence tending to show that after tbe machinery in the mill leased by tbe defendants to tbe plaintiffs, stopped running, tbe defendants took it down and used portions of it in a new mill which they were then constructing. 1. Tbe plaintiffs were not entitled to recover as damages, tbe profits which they might have made from tbe mill during tbe portion of tbe term which still remained at tbe time of tbe break-down. Allowance of damages upon tbe basis of a calculation of…
1Opinion of the Court
By the Court,
Cole, J.
Although a number of exceptions were taken upon the trial of this cause, to the ruling of the circuit court upon the admission or exclusion of certain testimony, still we do not consider it necessary to notice them at length, and shall therefore confine ourselves chiefly to an examination of that portion of the charge upon the question of damages, which was as follows: The circuit court charged the jury that if they found the plaintiffs were entitled to recover, then they were entitled to recover pay for the profits of the mill for the unexpired portion of their term;…
2Cases cited4 opinions
- Blanchard v. ElyNew York Supreme Court · 1839
- Driggs v. DwightNew York Supreme Court · 1837
- Dox v. DeyNew York Supreme Court · 1829
- Watkinson v. LaughtonNew York Supreme Court · 1811
3Cited by17 opinions
- Shaw v. GilbertWisconsin Supreme Court · 1901
- Howard v. First National BankSupreme Court of Kansas · 1890
- Kelley, Maus & Co. v. La Crosse Carriage Co.Wisconsin Supreme Court · 1903
- Kellogg v. MalickWisconsin Supreme Court · 1905
- Schleider v. DielmanSupreme Court of Louisiana · 1892
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