Morse v. Gilman
Wisconsin Supreme Court
APPEAL from the Circuit Court for Milwaukee County. The complaint alleged that on the 8th day of September, 1855, a written contract was made between one Merrick of tbe first part and the city of Milwaukee of the second part, by which Merrick agreed to grade Wells street and the side walk in front of and adjoining lots, 14, 15 and 16, in block 53, and to grade Sixth street and the sidewalk in front of and adjoining lots 1 and 8 in block 171; that said contract was made by…
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APPEAL from the Circuit Court for Milwaukee County. The complaint alleged that on the 8th day of September, 1855, a written contract was made between one Merrick of tbe first part and the city of Milwaukee of the second part, by which Merrick agreed to grade Wells street and the side walk in front of and adjoining lots, 14, 15 and 16, in block 53, and to grade Sixth street and the sidewalk in front of and adjoining lots 1 and 8 in block 171; that said contract was made by Merrick as the agent of the defendant Gilman and for his benefit, and that on the 26th day of November, 1855, an agreement…
1Opinion of the Court
By the Court,
Dixon, C. J.
Whether the agreement to pay eighteen instead of sixteen cents per cubic yard for the grading, be void for want of consideration, is not a question which goes to the entire sufficiency of the complaint. Conceding that it is, the complaint still shows a cause of action for the sixteen cents named in the written contract, upon which the plaintiff proceeds, as well as upon the verbal agreement to pay more. That the contract between Merrick and the city is not set out, as it undoubtedly should have been, is not an objection which can be taken in this way. The remedy of…
2Cases cited1 opinion
- Blydenburgh v. BorstThe Superior Court of New York City · 1856
3Cited by35 opinions
- Laun v. KippWisconsin Supreme Court · 1914
- Manning v. School District No. 6Wisconsin Supreme Court · 1905
- Emerson v. NashWisconsin Supreme Court · 1905
- Miles v. Mutual Reserve Fund Life Ass'nWisconsin Supreme Court · 1901
- Miller v. BayerWisconsin Supreme Court · 1896
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