Manning v. School District No. 6
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Jefferson county: B. E. Dustwiddie, Circuit Judge. Action to recover on a contract for installing a heating and ventilating plant in defendant’s school building.
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Appeal from a judgment of the circuit court for Jefferson county: B. E. Dustwiddie, Circuit Judge. Action to recover on a contract for installing a heating and ventilating plant in defendant’s school building. Plaintiff bound himself to remove the hot-air furnace in the building and place therein instead a steam boiler in working order of capacity sufficient, without waste of fuel, for a complete system of heating and ventilation for the building ; to furnish and locate radiators to heat the building in connection with the ventilation to a temperature of seventy degrees during the coldest…
1Opinion of the CourtMaeshalu, J.
There is hardly room for argument but that tbe breaches of contract pleaded by appellant, if established by evidence, were sufficient to modify or entirely defeat respondent’s claim, and perhaps call for a judgment against him. Therefore, they were pleadable as a defense and a counterclaim as well. Heckman v. Swartz, 55 Wis. 113, 12 N. W. 439; Kauhauna E. L. Co. v. Kauhauna, 114 Wis. 327, 343, 89 N. W. 542. We shall assume tbe learned circuit judge appreciated that and grounded tbe decision that no counterclaim was stated, not upon tbe theory that facts sufficient to support one were not…
2Cases cited41 opinions
- Brown v. FosterMassachusetts Supreme Judicial Court · 1873
- Insurance Companies v. WeidesSupreme Court of the United States · 1872
- Woodward v. . FullerNew York Court of Appeals · 1880
- Singerly v. ThayerSupreme Court of Pennsylvania · 1885
- Phillip v. . GallantNew York Court of Appeals · 1875
36 more not listed; retrieve them via the Exa API.
3Cited by56 opinions
- Nordin Construction Company v. City of NomeAlaska Supreme Court · 1971
- Bendett v. BendettMassachusetts Supreme Judicial Court · 1943
- Havenor v. StateWisconsin Supreme Court · 1905
- Emerson v. NashWisconsin Supreme Court · 1905
- White v. MitchellWashington Supreme Court · 1923
51 more not listed; retrieve them via the Exa API.