Donner v. Genz
| Decision Date | 21 June 1906 |
| Parties | DONNER v. GENZ. |
| Court | Wisconsin Supreme Court |
OPINION TEXT STARTS HERE
Appeal from Circuit Court, Lincoln County; W. C. Silverthorn, Judge.
Action by Albert Donner against Otto Genz. From a judgment in favor of plaintiff, defendant appeals. Affirmed.
This is an action to recover the balance due for certain logs sold by the plaintiff to the defendant. The action was commenced in county court, having jurisdiction of a justice of the peace, and there prosecuted to judgment. An appeal taken to the circuit court was determined upon the record returned from the county court. The evidence tends to establish the following as facts: An agreement was made between the parties for the sale of logs lying in plaintiff's woods, at $5 per M.; the logs to be scaled by the scaler of the Paper Mills Company. Plaintiff gathered the logs together, and as they were taken away he scaled them in the presence of the defendant; the defendant observing the scaling and writing down the figures. The logs were then delivered to the defendant and were subsequently scaled by the scaler of the Paper Mills Company along with other logs belonging to the defendant. The scale of these logs by the Paper Mills Company's scaler was not separate from the others. Defendant found that his logs were scaling short and wished the scaler to make a separate scale of the logs purchased from the plaintiff, but the logs were partly under water and partly covered by snow, and the scaler was unable to scale them accurately and therefore made an estimate. In this estimate he deducted a considerable amount as for defective material. It is claimed by the defendant that the logs were partly dry and partly sap rotted, and that, for this reason, there was not more material in them than the highest amount estimated by this scaler. The estimate made by the Paper Mills Company's scaler was 2,400 feet or less. The scale made by the plaintiff with the assistance of the defendant amounted to 4,685 feet. Twelve dollars has been paid, and this is claimed by the defendant to be a payment in full. Judgment was asked for the balance, $11.40, which would be due on the scaling made by plaintiff and defendant. In his evidence the defendant admitted that he had intended to pay the balance, which would be due according to the scale made by himself and the plaintiff, until he learned that his logs were scaling short. The county court awarded judgment for the plaintiff for the amount claimed....
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Luckow v. Boettger
...rule is the same in such circumstances as on appeal from a judgment of the circuit court in a case tried without a jury. Donner v. Genz, 129 Wis. 245, 107 N. W. 1039, 109 N. W. 71;Brunkow v. Waters, 131 Wis. 31, 110 N. W. 802. In any case, findings of a trial court on matters of fact made b......
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Schaefer's Estate, In re
...contrary to the great weight and clear preponderance of the evidence. Swazee v. Lee, 1951, 259 Wis. 136, 47 N.W.2d 733; Doner v. Genz, 1906, 129 Wis. 245, 107 N.W. 1039, 109 N.W. The testimony that Mr. Fred Schaefer promised Dewey and Edna Schafer that they would be paid for their services ......
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Donner v. Genz
...71DONNERv.GENZ.Supreme Court of Wisconsin.Oct. 9, 1906. OPINION TEXT STARTS HERE On motion for rehearing. Denied. For former opinion, see 107 N. W. 1039.PER CURIAM. We find no support for the contention that this court in cases of appeal to circuit courts, where the case is tried on the rec......
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Brunkow v. Waters
...conclusions of fact of the circuit court in such a case unless they are contrary to the clear preponderance of the evidence. Donner v. Genz (Wis.) 107 N. W. 1039, 109 N. W. 71. The circuit judge concluded that the undisputed fact that the horses were running loose and unattended on the stre......