Erickson v. McGeehan Construction Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Ashland county: John K. Paeish, Circuit Judge. The plaintiff, by his complaint herein, claimed to recover for goods and merchandise alleged to have been sold and delivered by him to the defendant, and for board furnished to divérs persons by him at defendant’s request, between January 1 and July 20, 1896, amounting in all to $4,232.24, less payments aggregating $3,101.62, leaving an alleged balance of $1,130.62. The complaint…
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Appeal from a judgment of the circuit court for Ashland county: John K. Paeish, Circuit Judge. The plaintiff, by his complaint herein, claimed to recover for goods and merchandise alleged to have been sold and delivered by him to the defendant, and for board furnished to divérs persons by him at defendant’s request, between January 1 and July 20, 1896, amounting in all to $4,232.24, less payments aggregating $3,101.62, leaving an alleged balance of $1,130.62. The complaint also charged an indebtedness for money had and received. The answer was a general denial. The action was tried before a…
1Opinion of the CourtWiNslow, J.
The issues litigated in this case were two in number: (1) Was there a contract made by the defendant with Erickson, or with Dalquist for his benefit, that it would reserve the amounts of the board and merchandise bills of the men, and pay the same to Erickson? and (2) Has the defendant received moneys which in justice and right ■dealing belong to Friehson ?
Upon the first of these questions the referee found from the evidence that no such contract was made. There was •ample evidence to sustain this finding, and the fact found was not intrinsically improbable. Giving to the referee’s finding…
2Cases cited2 opinions
- Johnson v. GoultWisconsin Supreme Court · 1900
- Sterling v. RyanWisconsin Supreme Court · 1888
3Cited by1 opinion
- Goodwin v. von CotzhausenWisconsin Supreme Court · 1920