Shores Lumber Co. v. Claney
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Ashland county: E. W. Helms, Judge. On November 22, 1895, the parties to this action made a contract, in which it was recited “ that the said Shores lumber GonvpcMvy have this day sold and delivered ” to the defendants 850,000 feet of lumber piled on their dock at Ashland, at $'T.T5 per thousand feet.
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Appeal from a judgment of the circuit court for Ashland county: E. W. Helms, Judge. On November 22, 1895, the parties to this action made a contract, in which it was recited “ that the said Shores lumber GonvpcMvy have this day sold and delivered ” to the defendants 850,000 feet of lumber piled on their dock at Ashland, at $'T.T5 per thousand feet. The defendants were to give their paper for $6,000, due March 18,1896, and pay the balance due for the lumber when the same was delivered in Chicago. Plaintiff was to carry the lumber to Chicago at going freight rates, the first trip made in the…
1Opinion of the CourtBardeen, J.
The undisputed evidence shows that the lumber mentioned in the first clause of the written contract was *238manufactured from what were known as the Stocking logs. The timber from which this lumber was sawed was purchased by plaintiff under two contracts with Mr. Stocking, which provided that plaintiff was to cut the timber and saw the logs at Ashland. No lumber was to be shipped until the full purchase price for the'timber was paid, but plaintiff was allowed to ship a part of the lumber of an average quality upon payment of $5 per thousand feet for the part shipped. The title and right of…
2Cases cited2 opinions
- Edgerton v. MichelsWisconsin Supreme Court · 1886
- Marshall v. DukeIndiana Supreme Court · 1875
3Cited by28 opinions
- Balch v. BeachWisconsin Supreme Court · 1903
- Deeds v. GilmerSupreme Court of Virginia · 1934
- Rowell v. RowellWisconsin Supreme Court · 1904
- Menasha Wooden Ware Co. v. Town of WinterWisconsin Supreme Court · 1915
- Schneider v. City of MenashaWisconsin Supreme Court · 1903
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