Davis v. Hubbard
Wisconsin Supreme Court
APPEAL from the Circuit Court for Fonddu Lac County. Action to recover $100, being the contract price for digging and stoning a well.
Read the full summary
APPEAL from the Circuit Court for Fonddu Lac County. Action to recover $100, being the contract price for digging and stoning a well. The contract alleged in the complaint is, that the plaintiff agreed with the defendant “ to dig and stone a well on the defendant’s farm in the town of Oalifield, down to the rock, and then commence and drill a hole in the rock until he should reach a sufficient amount of water to supply a common pump, and warrant the amount of water for one year from the time he completed the well.” Performance of the contract by the plaintiff is averred in the complaint. The…
1Opinion of the Court
Lyoh, J".
Erom the amount of the verdict it is quite appa*411rent tliat the jury failed to find that the plaintiff had performed the contract on his part. Had the jury so found, the verdict would necessarily have been for $100 and interest thereon. The recovery must have been, therefore, on a quantum meruit, pursuant to the instruction in that behalf given by the learned circuit judge at the request of counsel for the plaintiff. Hence, if that instruction was erroneous, the verdict and judgment cannot be sustained.
If the plaintiff failed to perform his contract by the time agreed upon, if any time…
2Cited by5 opinions
- Kaukauna Electric Light Co. v. City of KaukaunaWisconsin Supreme Court · 1902
- McGonigle v. KleinColorado Court of Appeals · 1895
- George M. Newhall Engineering Co. v. DalyWisconsin Supreme Court · 1903
- Sliter v. Creek View Cheese FactoryWisconsin Supreme Court · 1920
- McGonigle v. KleinColorado Court of Appeals · 1895