Rochester Machine Tool Works v. Weiss
Wisconsin Supreme Court
Appeal from a judgment of the superior court of Milwaukee county: J. C. Ludwig, Judge. This action is upon an account stated. It appears that prior to September 21,1895, the defendant had had dealings with plaintiff in the purchase and sale of machinery, and that there was an open and unliquidated account between them. A few days prior to the date last mentioned the plaintiff sent its agent to Milwaukee to make a settlement.
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Appeal from a judgment of the superior court of Milwaukee county: J. C. Ludwig, Judge. This action is upon an account stated. It appears that prior to September 21,1895, the defendant had had dealings with plaintiff in the purchase and sale of machinery, and that there was an open and unliquidated account between them. A few days prior to the date last mentioned the plaintiff sent its agent to Milwaukee to make a settlement. The parties got together and spent about four days in looking over their accounts, and at the close the defendant signed a statement in writing, at the foot of the…
1Opinion of the CourtBaRdeeu, J.
We are asked to reverse this judgment on the following grounds: (1) Because the court erred in its rulings as to the admission of evidence; (2) because the *547■court erred in directing a verdict for plaintiff; (3) because the court erred in refusing' a new trial on the ground of newly discovered evidence; (4) because the damages are excessive.
We will consider these questions in the order stated:
1. In considering this assignment of error, we will emulate the brevity of appellant’s counsel. They have given us no reasons why they believe the court erred in rejecting evidence, but have contented…
2Cases cited3 opinions
- Galusha v. ShermanWisconsin Supreme Court · 1900
- Wolff v. BluhmWisconsin Supreme Court · 1897
- Mack v. PrangWisconsin Supreme Court · 1899
3Cited by13 opinions
- Hastain v. GreenbaumSupreme Court of Kansas · 1970
- Western Paving Co. v. SifersSupreme Court of Kansas · 1928
- Hodge v. WallaceWisconsin Supreme Court · 1906
- United States Rubber Co. v. MoonIndiana Court of Appeals · 1931
- Coon v. MetzlerWisconsin Supreme Court · 1915
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