Clapp v. Webb
Wisconsin Supreme Court
APPEAL from the Circuit Court for St. Croix County. The complaint alleges that between September 1,1875, and May 1, 1876, one Harrington was engaged in cutting, hauling and banking certain pine saw-logs, of which the defendant was the owner; that between the same dates the plaintiff furnished feed for the horses employed in that business, and performed labor and services in and about the cutting, etc., of such logs, to the amount and value in all of $300, which sum was found…
Read the full summary
APPEAL from the Circuit Court for St. Croix County. The complaint alleges that between September 1,1875, and May 1, 1876, one Harrington was engaged in cutting, hauling and banking certain pine saw-logs, of which the defendant was the owner; that between the same dates the plaintiff furnished feed for the horses employed in that business, and performed labor and services in and about the cutting, etc., of such logs, to the amount and value in all of $300, which sum was found due him therefor on an accounting between him and Harrington had in April, 1876; and that Harrington thereupon gave…
1Opinion of the CourtLyon, J.
Assuming that the defendant promised orally, in May, 1876, to pay the indebtedness of Harrington to the plaintiff, and assuming also that the plaintiff could have enforced a lien upon the logs mentioned in the complaint, to the amount of such debt, at any time before the first of June following, the question to be determined is, whether such oral promise is void by the statute of frauds. The learned circuit judge refused to instruct the jury that such promise is void under the statute, and instructed them as follows: “ If you find *641from the evidence that the defendant, in order to protect his…
2Cases cited2 opinions
- Dyer v. GibsonWisconsin Supreme Court · 1863
- Emerick v. SandersWisconsin Supreme Court · 1853
3Cited by19 opinions
- Hoile v. BaileyWisconsin Supreme Court · 1883
- Weisel v. SpenceWisconsin Supreme Court · 1884
- Mann v. Erie Manufacturing Co.Wisconsin Supreme Court · 1963
- Mackey v. SmithOregon Supreme Court · 1892
- Wood v. DodgeSouth Dakota Supreme Court · 1909
14 more not listed; retrieve them via the Exa API.