Stiles v. Neillsville Milling Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Glarh County. On July 3, 1 SOI, the plaintiff and defendant entered into a written agreement whereby the plaintiff agreed and undertook to furnish all material and labor, and build, erect, and construct, in a good, thorough, and workmanlike manner, all tlie brickwork in and about the new flouring mill then in process of erection by the defendant, according to the plans and specifications therefor, and under the direction and supervision of…
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APPEAL from the Circuit Court for Glarh County. On July 3, 1 SOI, the plaintiff and defendant entered into a written agreement whereby the plaintiff agreed and undertook to furnish all material and labor, and build, erect, and construct, in a good, thorough, and workmanlike manner, all tlie brickwork in and about the new flouring mill then in process of erection by the defendant, according to the plans and specifications therefor, and under the direction and supervision of the defendant’s head millwright in charge thereof. All the material was to be good of its kind and fit for the purpose,…
1Opinion of the CourtCassoday, J.
On the questions of extra work, the appellant makes no point upon this appeal. Error is assigned because the verdict of the jury does not cover all the issues in the case, and because the judgment is in part based upon the findings of the court. The statute declares that any issue of fact in such action shall, on demand of either party, be tried by a jury, whose verdict thereon shall be conclusive, as in other cases. R. S. sec. 3323. It appears in one part of the record that “ when the case was called for trial the defendant duly demanded that the issues of fact therein be tried by a jury.”…
2Cases cited4 opinions
- Bentley v. DavidsonWisconsin Supreme Court · 1889
- Gilchrist v. BrandeWisconsin Supreme Court · 1883
- Hart v. West Side RailroadWisconsin Supreme Court · 1893
- Moritz v. LarsenWisconsin Supreme Court · 1888
3Cited by4 opinions
- Bartlett v. CloughWisconsin Supreme Court · 1896
- Davis v. DregneWisconsin Supreme Court · 1903
- Hind v. ThomasWisconsin Supreme Court · 1922
- McGowan v. City of WatertownWisconsin Supreme Court · 1907