Logeman Bros. v. R. J. Preuss Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Milwaukee county: Wa&ren D. Taeeaht, Circuit Judge. The judgment appealed from was for $180 in favor of the plaintiff in an action on contract. The complaint sought recovery for work, labor, and materials, of the reasonable value and for the agreed price of $180, performed and furnished by respondent at request of the appellant.
Read the full summary
Appeal from a judgment of the circuit court for Milwaukee county: Wa&ren D. Taeeaht, Circuit Judge. The judgment appealed from was for $180 in favor of the plaintiff in an action on contract. The complaint sought recovery for work, labor, and materials, of the reasonable value and for the agreed price of $180, performed and furnished by respondent at request of the appellant. After a general denial the answer averred the making of a contract whereby "the respondent undertook and agreed to construct and erect -in working order a press for the use of the appellant, and guaranteed that the same…
1Opinion of the CourtTimlin, J.
The appellant assigns as error that the verdict submitted fails to cover all the issues in the case which were for the jury. Eor the purpose of determining what questions should be submitted to a jury in cases where a special verdict is called for, we first consider the issues made by the pleadings, then how many or which of these issues have been eliminated by admissions on the trial, by uncontradicted evidence *126•concerning such issues, or by failure of proof on the part of that party upon whom the burden of proof rests. Without descending’ into the details of evidence, we then select issues…
2Cases cited20 opinions
- Kellogg Bridge Co. v. HamiltonSupreme Court of the United States · 1884
- Dushane v. BenedictSupreme Court of the United States · 1887
- Brown v. StateWisconsin Supreme Court · 1906
- Davis Calyx Drill Co. v. MalloryCourt of Appeals for the Eighth Circuit · 1905
- Fisk v. TankWisconsin Supreme Court · 1860
15 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Kelsey v. J. W. Ringrose Net Co.Wisconsin Supreme Court · 1913
- La Crosse Plow Co. v. BrooksWisconsin Supreme Court · 1910
- Short v. BossWisconsin Supreme Court · 1929