Morawetz v. McGovern
Wisconsin Supreme Court
APPEAL from the County Court of Milwaukee County. The case is thus stated by Mr. Justice Cassoday: This action was brought in justice’s court. The complaint declared upon an account in writing, which charged-the defendant with the contract price of an ice-box, $90, and $48.41 for extra work thereon and interest. The answer alleged damages for failure to build the ice-box according to contract.
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APPEAL from the County Court of Milwaukee County. The case is thus stated by Mr. Justice Cassoday: This action was brought in justice’s court. The complaint declared upon an account in writing, which charged-the defendant with the contract price of an ice-box, $90, and $48.41 for extra work thereon and interest. The answer alleged damages for failure to build the ice-box according to contract. October 23,1885, and-upon trial had, the plaintiff recovered judgment for $141.63 damages, and $26.32 costs. On appeal therefrom to the county court, the defendant amended his answer to the effect that…
1Opinion of the CourtCassoday, J.
1. It is claimed that the undisputed evidence shows that the plaintiff was to construct an ice-box that would be dry on the inside in use, but that this was not. There was evidence tending to show that it was dry when first constructed and in the possession and use of the defendant, and then had no holes in the zinc, but- that a week or two subsequently it was examined, and found to leak and have holes in the zinc, apparently made with a sharp instrument like a knife, and others just as though they had been punched through with a punch or scratch, or something like that. There being evidence…
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