James v. James
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Fond du Lac county: Chester A. Eowlbb, Circuit Judge. In 1899, wben tbe plaintiff was about thirteen years of age, be became a member of tbe defendant’s family. There was, so far as appears, no blood relationship between them. Tbe plaintiff was treated as a son and took tbe defendant’s name, but be was not legally adopted by tbe defendant.
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Appeal from a judgment of tbe circuit court for Fond du Lac county: Chester A. Eowlbb, Circuit Judge. In 1899, wben tbe plaintiff was about thirteen years of age, be became a member of tbe defendant’s family. There was, so far as appears, no blood relationship between them. Tbe plaintiff was treated as a son and took tbe defendant’s name, but be was not legally adopted by tbe defendant. About December 1, 1908, tbe plaintiff married and brought bis wife to live in tbe defendant’s home. At this time tbe plaintiff entered into an oral agreement with tbe defendant to work tbe defendant’s farm for…
1Opinion of the CourtSiebecKeb, J.
The referee and trial court treated the complaint as alleging a demand for damages for breach of the agreement by the defendant and held that the measure of plaintiff’s damages was the value of his share of the crops and increase of the stock at the time of such breach of agreement. The appellant assails this determination of the rights of the parties upon the ground that the plaintiff’s demand in the action and the judgment awarded him is upon a quantum meruit. We are persuaded that this contention is not the cor*81rect interpretation of tbe nature and tbe result of tbe action. Tbe relationship…
2Cases cited4 opinions
- Taylor v. . BradleyNew York Court of Appeals · 1868
- Bowers v. Graves & Vinton Co.South Dakota Supreme Court · 1896
- Lanyon v. WoodwardWisconsin Supreme Court · 1882
- Cull v. San Francisco & Fresno Land Co.California Supreme Court · 1899
3Cited by6 opinions
- Wagner v. ButtlesWisconsin Supreme Court · 1912
- Kilgore Seed Co. v. LewinDistrict Court of Appeal of Florida · 1962
- Hauser v. FetzerWisconsin Supreme Court · 1924
- Pace v. BeckettSupreme Court of Colorado · 1917
- Matter of Pestlin v. Haxton Canning Co.New York Court of Appeals · 1949
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