Yahr v. Joint School District No. 2 of the Towns of Princeton & St. Marie
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Green Lake county: Geo. W. Burnell, Circuit Judge. On April 30, 1894-, defendant and one Gustave Krause entered into a contract by which the latter agreed to build a school house for the defendant for the sum of $9,215. The-■contract contained, among other things, certain provisions to the effect that the school district should pay all bills for materials, upon the order of Krause, and, when so paid, such payment should be…
Read the full summary
Appeal from a judgment of the circuit court for Green Lake county: Geo. W. Burnell, Circuit Judge. On April 30, 1894-, defendant and one Gustave Krause entered into a contract by which the latter agreed to build a school house for the defendant for the sum of $9,215. The-■contract contained, among other things, certain provisions to the effect that the school district should pay all bills for materials, upon the order of Krause, and, when so paid, such payment should be deemed a payment of so much of the consideration of the contract. The contractor entered into the performance of his…
1Opinion of the CourtBaedKBN, J.
The proceedings of the trial court were irregular. Sec. 2863, K. S. 1818, provides that, upon a trial of a question of fact by the court, the judge shall give a decision in writing, stating separately (1) the facts found by him, and (2) his conclusions of law thereon. The record shows that, after plaintiff rested his case, the defendant moved for a nonsuit, which motion was granted, and thereupon an order was entered dismissing the action. This was clearly against settled practice and the requirements of the statute, and, except for the fact that the evidence shows *283that plaintiff has no cause…
2Cited by8 opinions
- Farmer v. St. Croix Power Co.Wisconsin Supreme Court · 1903
- State Ex Rel. Skibinski v. TadychWisconsin Supreme Court · 1966
- Sliter v. CarpenterWisconsin Supreme Court · 1905
- Spuhr v. KolbWisconsin Supreme Court · 1901
- Newton v. NewtonWisconsin Supreme Court · 1967
3 more not listed; retrieve them via the Exa API.