Lemke v. Hage
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Erown county: S. D. HastiNgs, Circuit Judge. Tbis is an action to recover tbe sum of $580.50, alleged to be due for materials and labor furnished in digging, drilling, piping, and constructing a well.
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Appeal from a judgment of tbe circuit court for Erown county: S. D. HastiNgs, Circuit Judge. Tbis is an action to recover tbe sum of $580.50, alleged to be due for materials and labor furnished in digging, drilling, piping, and constructing a well. It is alleged that tbe agreement for tbe construction of tbe well was made in February, 1902, and that thereby tbe defendant was to pay $1.25 per foot for the drilling where tbe plaintiff furnished tbe piping, seventy-five cents per foot if defendant furnished it, and also $1 per foot for drilling in rock. Drilling was commenced on March 5, 1902,…
1Opinion of the CourtSiebbckee, J.
The issues litigated between the parties turn largely on the question of whether or not plaintiff contracted to construct a well on defendant’s premises at the stipulated price, with a guaranty that such well would furnish a good and sufficient supply of water for defendant’s farming and domestic purposes. Upon the evidence adduced the jury found that the plaintiff did not expressly agree to *181construct such a well. Since tbe evidence was in conflict on this issue, tbe verdict is decisive thereof.
Defendant claims that a contract to dig a well is an agreement to furnish such a supply of water.…
2Cases cited3 opinions
- Butler v. DavisWisconsin Supreme Court · 1903
- Power v. KaneWisconsin Supreme Court · 1856
- Hinton v. ColemanWisconsin Supreme Court · 1878
3Cited by7 opinions
- Zartner v. GeorgeWisconsin Supreme Court · 1914
- Thurner Heat Treating Co. v. Memco, Inc.Wisconsin Supreme Court · 1947
- Knobel v. J. Bartel Co.Wisconsin Supreme Court · 1922
- Skalsky v. JohnsonSupreme Court of Minnesota · 1917
- Finch v. McIntoshAppellate Court of Illinois · 1911
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