Garage Equipment Manufacturing Co. v. Danielson
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Milwaukee county: E. 0. Escecweiler, Circuit Judge. Suit in equity to reform a building contract and to enjoin, pending the suit, the prosecution by the defendant of an action previously brought by him on the same contract in the civil court of Milwaukee county to recover a balance claimed to be due him for the construction of the building.
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Appeal from a judgment of the circuit court for Milwaukee county: E. 0. Escecweiler, Circuit Judge. Suit in equity to reform a building contract and to enjoin, pending the suit, the prosecution by the defendant of an action previously brought by him on the same contract in the civil court of Milwaukee county to recover a balance claimed to be due him for the construction of the building. Plaintiff intended to erect a building for its manufacturing plant on a lot on Rational avenue in the city of Milwaukee, and plans and specifications therefor were prepared by its ar-cbitect, J. H. Esser.…
1Opinion of the Court
The following opinion was filed December 9, 1913:
ViNJE, J.
One of the principal contentions of the defendant is that plaintiff had an adequate remedy at law, because the ambiguity in the contract as to what plans were therein referred to could be explained by parol evidence. It' is needless to inquire into the merits of this contention, for the objection that plaintiff had an adequate remedy at law, not having been taken either by demurrer or answer, was waived. Meyer v. Garthwaite, 92 Wis. 571, 66 N. W. 704; Bigelow v. Washburn, 98 Wis. 553, 74 N. W. 362; Pippin v. Richards, 146 Wis. 69, 130…
2Cases cited11 opinions
- Meyer v. GarthwaiteWisconsin Supreme Court · 1896
- Estate of KochWisconsin Supreme Court · 1912
- Casgrain v. Milwaukee CountyWisconsin Supreme Court · 1892
- Harter v. ChristophWisconsin Supreme Court · 1873
- Bigelow v. Town of WashburnWisconsin Supreme Court · 1898
6 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Langer v. Stegerwald Lumber Co.Wisconsin Supreme Court · 1952
- City of Morgantown, W. Va. v. Royal Ins. Co.Court of Appeals for the Fourth Circuit · 1948
- R. B. General Trucking, Inc. v. Auto Parts & Service, Inc.Wisconsin Supreme Court · 1958
- Haswell v. ReuterWisconsin Supreme Court · 1920
- Moran v. BurmeisterWisconsin Supreme Court · 1933
6 more not listed; retrieve them via the Exa API.