Adams v. McKay
Wisconsin Supreme Court
'APPEAL from the Circuit Court for Portage Comity. Action to recover a balance alleged to be due upon a contract for the manufacture of five sets of logging sleds by fbe plaintiff for the defendant.
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'APPEAL from the Circuit Court for Portage Comity. Action to recover a balance alleged to be due upon a contract for the manufacture of five sets of logging sleds by fbe plaintiff for the defendant. The complaint alleges that the plaintiff contracted to have the sleds completed by the 1st day of December, 1880; that the same were completed on October 30, 1880, and were then accepted by the defendant, who then paid a part of the agreed price; that, afterwards, about November 25, the plaintiff sold three sets of said sleds to one Knox, with the consent of the defendant, and upon the agreement…
1Opinion of the CourtCole, C. J.
We are unable to perceive bow tbe defendant could have been prejudiced by allowing tbe witness Kyle to answer tbe question put to him whether tbe sleds remained outside nearly a week after they were finished before they were removed by tbe defendant. Tbe question was objected to as leading. Tbe witness, however, answered that tbe third and fourth sets remained out there nearly a week, and added that tbe first five sets remained out there nearly a month, before Knox took his three sets away. This evidence was not at all material, to the issues being tried. By tbe original contract tbe…
2Cases cited1 opinion
- Firmeis v. StateWisconsin Supreme Court · 1884
3Cited by5 opinions
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- Klotz v. Milwaukee Electric Railway & Light Co.Wisconsin Supreme Court · 1911
- Sickle v. WolfWisconsin Supreme Court · 1895