Nilson v. Morse
Wisconsin Supreme Court
APPEAL from the Circuit Court for Manitowoc County. The case is thus stated by Mr. Justice Tasxob: '•'•Nilson brought his action in the circuit court to recover damages of Morse for a breach of the following contract: “‘This is to certify that Tosten Nilson, of the first part, agrees to pull all the stumps on the land of N. B. Morse, clean them, and put them in the fence, and clear the land of all roots, fit for plowing, for which N. B. Morse, of the second part, agrees to…
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APPEAL from the Circuit Court for Manitowoc County. The case is thus stated by Mr. Justice Tasxob: '•'•Nilson brought his action in the circuit court to recover damages of Morse for a breach of the following contract: “‘This is to certify that Tosten Nilson, of the first part, agrees to pull all the stumps on the land of N. B. Morse, clean them, and put them in the fence, and clear the land of all roots, fit for plowing, for which N. B. Morse, of the second part, agrees to pay one dollar and five cents ($1.05) for each pine stump; one-half to be paid this year, the balance to be paid in one…
1Opinion of the CourtTaylor, J.
The learned counsel for tbe appellant insists that tbe court erred —first, in refusing to permit him to give evidence, showing tbe circumstances of tbe parties, and tbe situation of tbe defendant’s land, at tbe time the contract was made, for tbe purpose of aiding in its construction; second, in refusing to permit him to show when and under what circumstances it was agreed that tbe stumps not pulled by plaintiff in 1877 should be pulled; third, in refusing to permit him to show that after tbe plaintiff quit work in 1878 tbe parties met and settled for tbe work already done, and that tbe…
2Cases cited6 opinions
- Lyman v. BabcockWisconsin Supreme Court · 1876
- Oliver v. TownWisconsin Supreme Court · 1869
- Monitor Iron Works Co. v. KetchumWisconsin Supreme Court · 1878
- Bergenthal v. FiebrantzWisconsin Supreme Court · 1880
- Sexton v. WillardWisconsin Supreme Court · 1871
1 more not listed; retrieve them via the Exa API.
3Cited by40 opinions
- M & R Contractors & Builders, Inc. v. MichaelCourt of Appeals of Maryland · 1958
- Wisconsin Marine & Fire Insurance Co. Bank v. WilkinWisconsin Supreme Court · 1897
- Klueter v. Joseph Schlitz Brewing Co.Wisconsin Supreme Court · 1910
- Sullivan v. McMillanSupreme Court of Florida · 1896
- Hoffman v. MaffioliWisconsin Supreme Court · 1899
35 more not listed; retrieve them via the Exa API.