Federal Asbestos Co. v. Zimmermann
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Milwaukee county: Oscar M. Fritz, Circuit Judge. The defendant in this case is a building contractor. The plaintiff, among other things, deals in hot and cold water pipe covering. The defendant had a contract for the construction of two school buildings and the Plankinton Hotel building in the city of Milwaukee.
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Appeal from a judgment of the circuit court for Milwaukee county: Oscar M. Fritz, Circuit Judge. The defendant in this case is a building contractor. The plaintiff, among other things, deals in hot and cold water pipe covering. The defendant had a contract for the construction of two school buildings and the Plankinton Hotel building in the city of Milwaukee. In the months of May and June, 1916, it was contracted between plaintiff and defendant- that the former should furnish and apply certain hot and cold water pipe covering for said buildings. It appears that the pipe covering furnished by…
1Opinion of the CourtOwen, J.
There was a mistrial of 'this case in the civil court for the following reason: The question litigated was whether the modification of the original contract called for continuance of work on the part of the plaintiff in applying certain pipe covering upon a quantum meruit basis or upon terms as fixed by an express contract. Mr. Dieringer, an officer of the plaintiff company, testified that he had a conversation with reference to the three jobs with the defendant at the Plankinton Hotel the 3d of August, which was about the time that the plaintiff was stopped from furnishing further material…
2Cases cited5 opinions
- Hastings v. Brooklyn Life InsuranceNew York Court of Appeals · 1893
- McKay v. MyersMassachusetts Supreme Judicial Court · 1897
- Brailsford v. WilliamsCourt of Appeals of Maryland · 1860
- Elmore v. BussenoAppellate Division of the Supreme Court of the State of New York · 1916
- Dowagiac Manufacturing Co. v. WatsonSupreme Court of Minnesota · 1903
3Cited by21 opinions
- Prudential Trust Co. v. HayesMassachusetts Supreme Judicial Court · 1924
- United States v. WolfsonDistrict Court, D. Delaware · 1971
- Hughes v. Pacific Wharf & Storage Co.California Supreme Court · 1922
- Schroedel Corp. v. State Highway CommissionWisconsin Supreme Court · 1968
- Farrow v. Department of Labor & IndustriesWashington Supreme Court · 1934
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