124 Wis. 529 | Wis. | 1905
The essential assignments of error refer to whether the trial court correctly construed the contract. If there were error in that, numerous other errors were committed in rejecting evidence offered by appellant, and the final conclusion is erroneous.
It seems that controlling significance was given by the .Learned circuit judge to that feature of the contract indicating that the title to the paving material was to and did pass to appellant upon his accepting the same from the car
So it was a mistake to suppose that merely because the-title to the paving material passed to appellant upon his accepting the same from the car that then was necessarily the-time to ascertain the amount to be paid therefor, and that nothing having been done in that regard by the vendee he-was governed by the measurement made by the vendor. The-matter wholly turns on the intention of the parties expressed in the contract.
It seems that if tire learned trial court had viewed the
The foregoing renders further discussion of the case un
By the Court. — So ordered.