66 Wis. 322 | Wis. | 1886
There are two cases, both parties having appealed from the judgment on the same facts. This is a very complicated case, with a wonderful confusion and contradiction of testimony. It is essentially a case of facts, and very few, if any, questions of law are in it. The transactions between the parties, from beginning to the end, were conducted on both sides with almost criminal negli
In January, 1885, the said Clinton sold his share of said mill property to Stacy for and on account of P. V. Lawson, Sr., one of the company, and said'Lawson became part owner- thereof, and said Lawson and Stacy thereafter became partners in said sawing. In October, 1881, said Lawson died, and P. Y. Lawson, Jr., his son, became one of his administrators, and had considerable to do about said contract, and the sawing of said lumber. Lawson, Sr., had managed the business almost solely for the defendants, and knew more about the affairs than the said Webster. In December, 1882, the said Clinton, who then owned the entire interest in the residue of said property after paying off said mortgages and expenses,, requested the said Webster to render an account of all these matters, which he failed to do until after the commencement of this suit, but claimed that the defendants were not indebted to the plaintiffs in any sum whatever. It can be seen how these many changes in the persons interested, and the death of Lawson, must have complicated said affairs. One important question of dispute was the amount or quantity of said logs: and whether nearly 800,000 feet of sunken logs were ever used by the defendants was another question; and how many of said logs the said Clinton availed himself of was another. There was very little certain evidence of any amount sawed, except by the accounts of said Stacy. The evidence was so confused and contradictory that it was impossible to ascertain what quantity of logs hád ever come to the possession of said defendants, or was ever used by them, or sold or disposed of for their benefit, or what part, if any, was used or sold by the plaintiffs, or by said Clinton, with much certainty; and many amounts, quantities, and values had to be approximated by very uncertain evidence, or
It is almost impossible to make a fuller statement of facts, so great are the uncertainties and contradictions of the evidence. This cause ought to have been referred to arbitrators, whose award should have been final. It was referred to a referee, to hear, try, and determine, who, after hearing all the testimony, stated an account between the parties; and on the disputed facts made one hundred and seven findings; and, as a general conclusion of law, found due the plaintiffs from the defendants the sum of $11,215.25. To those findings the defendants filed seventy-eight exceptions. One of these findings excepted to was clearly immaterial and irrelevant, viz., that Lawson and Webster, in April, 1881, dissolved their copartnership, and thereafter Lawson took all the interests growing out of the mortgages and contracts, and Webster took all the other property and assumed all the liabilities of the late firm. This could not affect the rights of these plaintiffs in any respect, and this finding is reversed. On the hearing before the court twenty-six of these findings of fact were essentially modified, and five or six vacated, and there was a general finding for plaintiffs of $4,195.21 against the defendants. These- amounts include interest on the various items found. Judgment for this amount -was rendered, and for $873.15, only one half of the costs.
"We listened to very long and very able arguments of very able counsel on both sides, and we have since read the evidence, and carefully compared the grounds of difference between the referee and the court, and we are satisfied that the findings of the court were warranted, and based upon the more satisfactory evidence. There is no such preponderance of the evidence against the findings of the court as would justify this court in disturbing them. Any extended examination and consideration of the evidence in this opinion
By the Court.— The judgment of the circuit court on the merits for the sum of $4,195.27, appealed from by both parties, is affirmed, but without costs to either party, and the plaintiffs, as appellants, shall pay the costs of the clerk of this court. That part of the judgment which allows the plaintiffs only half of the costs is reversed, and the cause remanded with direction to insert in the judgment full costs for the plaintiffs.