Legal Opinion

Dieck v. Oconto Co.

Wisconsin Supreme Court

Decided January 11, 1921PublishedCited by 3 opinions

Appeal from a judgment of the circuit court for Oconto county: W. B. Quinlan, Circuit Judge. The defendant owns and operates a sawmill and wholesale lumber yard at Oconto, Wisconsin, and is the owner of á large quantity] of standing timber, in Oconto and Forest counties.

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Appeal from a judgment of the circuit court for Oconto county: W. B. Quinlan, Circuit Judge. The defendant owns and operates a sawmill and wholesale lumber yard at Oconto, Wisconsin, and is the owner of á large quantity] of standing timber, in Oconto and Forest counties. Its mill at Oconto is supplied largely from this timber, some of which is cut and logged by the defendant itself, while other parts of it are logged under contract with third parties, which áre known as jobbing contracts. Oh September 9,1912, the Oconto'Company, the defendant, entered into one of these contracts with Glynn &…

1Opinion of the CourtOwen, J.

Evidence offered by the plaintiff was admitted to prove oral conversations occurring between the plaintiff and the defendant prior to the time of the assignment of the contract by Glynn & Bryce to Herman Dieck, which plaintiff contends amounted to a contract on the part of the Oconto Company to furnish the cars for the loading of the logs. This evidence was objected to by the defendant, and its reception is assigned as error, because the original contract between the defendant and Glynn & Bryce is “an agreement that by its terms is not to be performed within one year from the making thereof,”…

2Cases cited4 opinions

  1. French v. Fidelity & Casualty Co.Wisconsin Supreme Court · 1908
  2. Vogt v. SchienebeckWisconsin Supreme Court · 1904
  3. John O'Brien Lumber Co. v. WilkinsonWisconsin Supreme Court · 1903
  4. Clarke v. MaischWisconsin Supreme Court · 1920

3Cited by3 opinions

  1. Goodwine v. AyresIndiana Court of Appeals · 1922
  2. Green Mountain Log Co. v. Columbia & Nehalem River RailroadOregon Supreme Court · 1934
  3. Farmer v. Pick Manufacturing Co.Wisconsin Supreme Court · 1938

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