Foley v. Marsch
Wisconsin Supreme Court
Aupeal from a judgment of tbe circuit court for Milwaukee county: Chester A. Eowlee, Judge. This is an action to recover on an alleged agreement made by an oral modification of a written contract entered into between the defendant, as the principal grading contractor for the Milwaukee, Sparta & Northwestern Railroad, and the plaintiff as a subcontractor.
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Aupeal from a judgment of tbe circuit court for Milwaukee county: Chester A. Eowlee, Judge. This is an action to recover on an alleged agreement made by an oral modification of a written contract entered into between the defendant, as the principal grading contractor for the Milwaukee, Sparta & Northwestern Railroad, and the plaintiff as a subcontractor. The defendant, Marsch, is a general railroad contractor and in December, 1909, contracted with the Milwaukee, Sparta & Northwestern Railroad to construct about fifty-three miles of new railroad between the city of Milwaukee and Clyman…
1Opinion of the Court
The following opinion was filed November 16, 1915:
SiebecKeb, J.
1. It is contended that the court erred in ■admitting parol evidence tending to show that the original written agreement between plaintiff and defendant had been modified by an oral contract on July 5, 1910, as alleged by the plaintiff. It is claimed that the original agreement was ■one within the statute of frauds, sec. 2307, Stats. 1913, providing that “Every agreement that by its terms is not to be performed within one year from the making thereof” shall be void unless in writing. In the early case of White v. Hanchett, 21 Wis.…
2Cases cited3 opinions
- Conway v. MitchellWisconsin Supreme Court · 1897
- Schoblasky v. RayworthWisconsin Supreme Court · 1909
- White v. HanchettWisconsin Supreme Court · 1867
3Cited by6 opinions
- Miller v. StanichWisconsin Supreme Court · 1930
- Everlite Manufacturing Co. v. Grand Valley MacHine & Tool Co.Wisconsin Supreme Court · 1969
- Hill Et Ux. v. ScottSupreme Court of Vermont · 1928
- Jacobs v. J. C. Penney Co.Court of Appeals for the Seventh Circuit · 1948
- Holly v. First National Bank of KenoshaWisconsin Supreme Court · 1935
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