Pritzlaff Hardware Co. v. Berghoefer
Wisconsin Supreme Court
Appeal from a judgment of the superior court of Milwaukee county: R. N. Austin, Judge. Plaintiff sued Berghoefer & Lupinski for a debt, and garnished the respondent.
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Appeal from a judgment of the superior court of Milwaukee county: R. N. Austin, Judge. Plaintiff sued Berghoefer & Lupinski for a debt, and garnished the respondent. The respondent answered, setting forth the making of a contract between it and the principal defendants for the construction of a certain derrick and hoisting plant at its quarry, at an agreed price of $4,100, alleged nonperformance thereof, and denied indebtedness, except for a small amount of extras aggregating some $90, against which it counterclaimed certain labor and payments to and- for said defendants, amounting to some…
1Opinion of the CourtDodge, J.
After thorough examinations of the evidence, we do not find any clear preponderance thereof against the findings made by the referee and confirmed by the court. True, upon many questions there is a sharp conflict of evidence or opinions; but from. such conflict it is essentially the province of the trial court to extract the facts, and, as we have so often said, this court will not disturb the conclusions reached thereon, except when the preponderance of the evidence has very clearly been disregarded. No adequate benefit can result from preserving in an opinion a discussion of evidence, the…
2Cases cited8 opinions
- Hudson v. McCartneyWisconsin Supreme Court · 1873
- Reed v. City of MadisonWisconsin Supreme Court · 1893
- Laycock v. MoonWisconsin Supreme Court · 1897
- Wendt v. VogelWisconsin Supreme Court · 1894
- Morris v. NilesWisconsin Supreme Court · 1886
3 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Davis v. La Crosse Hospital Ass'nWisconsin Supreme Court · 1904
- Travelers Insurance v. Pierce Engine Co.Wisconsin Supreme Court · 1909
- Consolidated Water Power Co. v. NashWisconsin Supreme Court · 1901
- Manitowoc Steam Boiler Works v. Manitowoc Glue Co.Wisconsin Supreme Court · 1903
- O'Toole v. StateWisconsin Supreme Court · 1899
6 more not listed; retrieve them via the Exa API.