Wisconsin Supreme Court April 5, 1882 (Cockburn v. Ashland Lumber Co.)

Lyon, J.

It is conceded that none of the lumber contracted for was ever delivered by the defendant company, and it is not claimed that the plaintiffs made any default in the performance of the contract on their part. The plaintiffs are therefore entitled to recover in the action, and the only matter to be determined on this appeal is the rule of damages.