Beers v. Kuehn
Wisconsin Supreme Court
APPEAL from the Circuit Court for Milwaukee County. Action to recover for grading a city lot. The complaint alleged that in 1889 the plaintiffs graded defendant’s lot under an agreement with défendant to pay eighteen cents per cubic yard therefor, in April or May, 1890; that the number of yards of grading so done at defendant’s request was 2,834; that said grading was reasonably worth eighteen cents per cubic yard; that by reason of the premises the defendant became indebted…
Read the full summary
APPEAL from the Circuit Court for Milwaukee County. Action to recover for grading a city lot. The complaint alleged that in 1889 the plaintiffs graded defendant’s lot under an agreement with défendant to pay eighteen cents per cubic yard therefor, in April or May, 1890; that the number of yards of grading so done at defendant’s request was 2,834; that said grading was reasonably worth eighteen cents per cubic yard; that by reason of the premises the defendant became indebted to plaintiffs, June 1, 1890, in the sum of $515.12, no part of which has been paid; and for said sum, with interest…
1Opinion of the Court
"Winslow, J.
The trial court charged the jury that the case must stand either upon the contract alleged by the plaintiffs or that alleged by defendant, and substantially instructed them that they were not entitled to find a verdict for the reasonable value of the work. Due exception was taken to the various portions of the charge containing these propositions, and specific exception was taken to the charge because it did not permit a recovery upon a quantum meruit.
We think the exception well taken. The evidence as to the contract was so utterly contradictory as to its terms that the jury might…
2Cases cited1 opinion
- Baxter v. StateWisconsin Supreme Court · 1859
3Cited by10 opinions
- Holm v. Chicago, Milwaukee & Puget Sound Railway Co.Washington Supreme Court · 1910
- E. D. Metcalf Co. v. GilbertWyoming Supreme Court · 1911
- Hall v. LuckmanSupreme Court of Iowa · 1906
- State Ex Rel. Sauers v. C. J. Montag Co.Oregon Supreme Court · 1930
- Badger Telephone Co. v. Wolf River Telephone Co.Wisconsin Supreme Court · 1904
5 more not listed; retrieve them via the Exa API.