Town of Beloit v. Heineman
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Rock -county: B. E. Durtwiddie, Circuit Judge. The complaint alleges leasing by plaintiff to defendant of a certain stone crusher on November 4, 1902, upon an agreement by the latter to pay for its use $4 per day and to keep same in good repair, and that defendant used said machine until a certain date in May, when, on examination, it was found to be in very serious disrepair, dangerous to its existence if used, and protest was…
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Appeal from a judgment of the circuit court for Rock -county: B. E. Durtwiddie, Circuit Judge. The complaint alleges leasing by plaintiff to defendant of a certain stone crusher on November 4, 1902, upon an agreement by the latter to pay for its use $4 per day and to keep same in good repair, and that defendant used said machine until a certain date in May, when, on examination, it was found to be in very serious disrepair, dangerous to its existence if used, and protest was made against its further use, whereupon defendant agreed that, if permitted to use it without interruption, he would…
1Opinion of the CourtDodge, J.
Tbe contention of respondent, made as demurrer ore terms, which prevailed with tbe trial court, that this action must be dismissed because it did not affirmatively appear tbat tbe electors in town meeting had authorized tbe commencement of this action, came altogether too late. Tbe cause of action presented was on contract to recover tbat which tbe defendant had promised to pay for tbe use of tbe town’s property. It was entirely a common-law cause of action, upon which tbe town, under its general corporate powers to sue and be sued, could maintain action except for some statutory limitation.…
2Cases cited8 opinions
- Bunker v. City of HudsonWisconsin Supreme Court · 1904
- Security National Bank v. St. Croix Power Co.Wisconsin Supreme Court · 1903
- City of Madison v. American Sanitary Engineering Co.Wisconsin Supreme Court · 1903
- Board of Supervisors v. HackettWisconsin Supreme Court · 1867
- Bullen v. Milwaukee Trading Co.Wisconsin Supreme Court · 1901
3 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Baumann v. City of West AllisWisconsin Supreme Court · 1925
- Emigh v. EarlingWisconsin Supreme Court · 1908
- Mills v. Forest Preserve DistrictIllinois Supreme Court · 1931
- Shawnee Nat. Bank v. Purcell Wholesale Grocery Co.Supreme Court of Oklahoma · 1912
- Fidelity & Deposit Co. of Maryland v. MadsonWisconsin Supreme Court · 1930
6 more not listed; retrieve them via the Exa API.