Gurnett v. J. H. Flick Construction Co.
Wisconsin Supreme Court
Appead from a judgment of the circuit court for Lincoln county: A. II. Reid, Circuit Judge. Action on contract. This action was brought by the plaintiff to recover a balance due for work and labor performed in grading and grubbing certain parts of a railroad right of way for the defendant, who was a principal contractor, and for board for defendant’s employees and teams, and for labor and merchandise furnished at the defendant’s request.
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Appead from a judgment of the circuit court for Lincoln county: A. II. Reid, Circuit Judge. Action on contract. This action was brought by the plaintiff to recover a balance due for work and labor performed in grading and grubbing certain parts of a railroad right of way for the defendant, who was a principal contractor, and for board for defendant’s employees and teams, and for labor and merchandise furnished at the defendant’s request. The trial resulted in .a verdict of the jury in favor of the plaintiff and judgment in his favor. Defendant appeals.
1Opinion of the CourtRoseNBErry, J.
The assignments of error in this case involve only questions of fact, with one exception. We have carefully examined the evidence; which we think fully supports the verdict of the jury. .The plaintiff was engaged in carrying on work for the defendant under a contract. Part of the understanding between the plaintiff and the defendant was that the defendant should purchase for the plaintiff certain camp supplies. Defendant purchased the supplies, and as they were delivered at plaintiff’s camp from time to time they were accompanied by statements of account which were 0. K.’d by plaintiff. The…
2Cases cited5 opinions
- Bostwick v. Mutual Life Insurance Co.Wisconsin Supreme Court · 1903
- Rose v. BradleyWisconsin Supreme Court · 1895
- Ripley v. Sage Land & Improvement Co.Wisconsin Supreme Court · 1909
- Voss v. Northwestern National Life InsuranceWisconsin Supreme Court · 1909
- Jones v. De MuthWisconsin Supreme Court · 1908
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- Wussow v. Badger State BankWisconsin Supreme Court · 1931
- California Pear Growers Ass'n v. HerspringCalifornia Court of Appeal · 1923
- Ott v. Cream City Sand Co.Wisconsin Supreme Court · 1917