Green v. Gilbert
Wisconsin Supreme Court
APPEAL from the Circuit Court for Columbia, County. On the first of April, 1862, the plaintiffs, Creen and Sheldon, who were co-partners in the business of drilling wells, were employed by Gilbert to drill a well for himj at a place by him designated on bis land. Oreen furnished the drilling machine, and sometimes assisted Sheldon, who during that year did most of the work.
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APPEAL from the Circuit Court for Columbia, County. On the first of April, 1862, the plaintiffs, Creen and Sheldon, who were co-partners in the business of drilling wells, were employed by Gilbert to drill a well for himj at a place by him designated on bis land. Oreen furnished the drilling machine, and sometimes assisted Sheldon, who during that year did most of the work. About the middle of July or the 1st of August, when they bad drilled 93 feet, they suspend§d work for a time; and about the last of October Sheldon enlisted, and never returned to the work. About the middle of December,…
1Opinion of the CourtDowner, J.
Errors are assigned in granting and -refusing instructions to the jury. If the contract between the parties was, that the plaintiffs should sink the well till they got water, or have no pay; and if it was so understood when, in December, 1862, after Sheldon had gone to the war, the defendant consented that Green should go on and complete the job; thenitis obvious the plaintiff ought not to have recovered, unless the *400jury found that the contract was for the personal services of Green in drilling the well, and he was by sickness prevented from performing the work from the time he stopped, about…
2Cases cited1 opinion
- Wolfe v. . HowesNew York Court of Appeals · 1859
3Cited by8 opinions
- Corcoran v. HarranWisconsin Supreme Court · 1882
- Jennings v. LyonsWisconsin Supreme Court · 1876
- Johnson v. WalkerMassachusetts Supreme Judicial Court · 1892
- Ball v. Fulton CountySupreme Court of Arkansas · 1876
- Ream v. BowersCourt of Appeals for the Second Circuit · 1927
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