Keller v. Oberreich
Wisconsin Supreme Court
APPEAL from the Circuit Court for Sheboygam, County. The following statement of the case was prepared by Mr. Justice Cassoday: This action was commenced in justice’s court to recover $36.50, for work, labor, and material performed and furnished by the plaintiff, at the defendant’s request, about August 20, 1884, in digging and constructing a well for the defendant.
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APPEAL from the Circuit Court for Sheboygam, County. The following statement of the case was prepared by Mr. Justice Cassoday: This action was commenced in justice’s court to recover $36.50, for work, labor, and material performed and furnished by the plaintiff, at the defendant’s request, about August 20, 1884, in digging and constructing a well for the defendant. The answer, in addition to a general denial, was, in effect, that in June, 1884, the plaintiff agreed to dig and curb a certain other well for the defendant, on another lot, for the consideration of one dollar a foot, on condition…
1Opinion of the CourtCassoday, J.
The testimony of the parties is in direct ■conflict as to the terms of the contract for .digging the. well mentioned in the defendant’s counterclaim! So far as this appeal is concerned, we must consider as proved what the evidence on the part of the defense tends to prove. The answer does not state whether the $40 was paid before the plaintiff claimed to have completed that well; but the evidence on the part of the defense, given without objection, tended to prove, in effect, not only the facts alleged in the answer, but that the well was to be as good as another naimed, and that it was not;…
2Cases cited10 opinions
- Oakley v. . MortonNew York Court of Appeals · 1854
- Locke v. WilliamsonWisconsin Supreme Court · 1876
- Jennings v. LyonsWisconsin Supreme Court · 1876
- Morehouse v. ComstockWisconsin Supreme Court · 1877
- Warren v. BeanWisconsin Supreme Court · 1858
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3Cited by5 opinions
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