Ingram v. Osborn
Wisconsin Supreme Court
APPEAL from the Circuit Court for Eau Olcdre County. The following, statement of the case was prepared by Mr. Justice Cassoday: September 29, 1884, C. 0. Smith, the principal defendant herein, entered into a written contract with the Milwaukee, Lake Shore & Western Railway Company, wherein he agreed to perform all the labor and furnish all the materials necessary to fully complete, in the most substantial and workmanlike manner, and to the satisfaction and acceptance of said…
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APPEAL from the Circuit Court for Eau Olcdre County. The following, statement of the case was prepared by Mr. Justice Cassoday: September 29, 1884, C. 0. Smith, the principal defendant herein, entered into a written contract with the Milwaukee, Lake Shore & Western Railway Company, wherein he agreed to perform all the labor and furnish all the materials necessary to fully complete, in the most substantial and workmanlike manner, and to the satisfaction and acceptance of said company’s chief engineer, an ore-dock at Ash-land, according to specifications annexed, under the direction of the…
1Opinion of the CourtCassoday, J.
The plaintiff’s indebtedness against Smith, upon which this action was brought, was incurred more than six months before the making of the contract with the railroad company. At the time of making that contract, Smith had no available means and was insolvent, and with no ability to pay his numerous debts. He seems to have had, however, sufficient force of character to secure a contract with the railway company for putting in an ore-dock amounting to nearly $200,000, notwithstanding the fact that he had not the means for carrying it into execution, and was badly in debt. Through his…
2Cases cited9 opinions
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