Marsh v. Pugh
Wisconsin Supreme Court
APPEAL from tbe County Court of Mikocmloee County. Tbe plaintiff, a builder, erected for tbe defendant six small bouses or cottages, of uniform size and plan, at a stipulated price; and be brought tbis action to recover an alleged unpaid balance of tbe contract price, and for certain work performed tbereon and materials furnished therefor not required by tbe contract.
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APPEAL from tbe County Court of Mikocmloee County. Tbe plaintiff, a builder, erected for tbe defendant six small bouses or cottages, of uniform size and plan, at a stipulated price; and be brought tbis action to recover an alleged unpaid balance of tbe contract price, and for certain work performed tbereon and materials furnished therefor not required by tbe contract. A charge in tbe plaintiff’s account for changing tbe pitch of tbe roofs seems to be tbe only item therein seriously contested. Tbe plaintiff claimed that tbe original contract was for roofs having one-fourth pitch, while tbe…
1Opinion of the CourtLyon, J.
On the trial, the plaintiff gave in evidence an instrument in -writing, signed by the parties, purporting on its face to be specifications for the houses in question. This instrument does not specify the form or pitch of the roofs. In it, however, we find reference made to a plan of the houses, which is evidently separate and distinct from the specifications.
The plaintiff testified, in substance, that such plan was drawn on a board which had been lost, and that the drawing showed the roofs at a quarter pitch. But the court refused to allow the defendant to show that the agreement between the…
2Cited by1 opinion
- Marsh v. PughWisconsin Supreme Court · 1878