Marsh v. Pugh
Wisconsin Supreme Court
APPEAL from the County Court of Milwaaukee County. The complaint alleges that the parties made two contracts, in which plaintiff agreed to furnish the materials and erect for the defendant six small houses according to certain plans and specifications; that defendant agreed to pay plaintiff therefor, in the aggregate, $8,066; that plaintiff fully performed such agreement on his part; and that defendant has paid him $2,900 on the contracts, and no more.
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APPEAL from the County Court of Milwaaukee County. The complaint alleges that the parties made two contracts, in which plaintiff agreed to furnish the materials and erect for the defendant six small houses according to certain plans and specifications; that defendant agreed to pay plaintiff therefor, in the aggregate, $8,066; that plaintiff fully performed such agreement on his part; and that defendant has paid him $2,900 on the contracts, and no more. None of these averments are denied in the answer. The complaint further alleges that plaintiff furnished materials and performed labor in the…
1Opinion of the CourtLyon, J.
I. On the trial, the defendant, who was on the stand as a witness, was asked by his counsel this question: “ "What is the condition of those roofs now — the roofs of those houses?” The court sustained an objection to the question, and that ruling is assigned as error.
We think the ruling is correct. The houses were erected in 1873, and the cause was tried in 1877. We are unable to perceive how the answer to a question calling for the condition of the roofs four years after they were constructed, could possibly affect any issue made by the pleadings. It might tend to show that the roofs were…
2Cases cited2 opinions
- Robbins v. Hudson River RailroadThe Superior Court of New York City · 1860
- Marsh v. PughWisconsin Supreme Court · 1876
3Cited by1 opinion
- Smalley v. City of AppletonWisconsin Supreme Court · 1889