Fuller-Warren Co. v. Shurts
Wisconsin Supreme Court
Appeal from an judgment of tlie circuit court for Wau-kesha county: Waeham Paeks, Circuit Judge. This was an action to foreclose a mechanic’s lien against the dwelling house of the defendant Ann T. Shurts and a subsequent incumbrancer of the premises, founded upon a contract, consisting of a proposition and acceptance thereof, to wit: “Milwaukee, Wis., Sept. 6, 1894. “Mrs. Ann T. Shurts, Waukesha, Wis.: We herewith give you estimate and specifications for heating your new…
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Appeal from an judgment of tlie circuit court for Wau-kesha county: Waeham Paeks, Circuit Judge. This was an action to foreclose a mechanic’s lien against the dwelling house of the defendant Ann T. Shurts and a subsequent incumbrancer of the premises, founded upon a contract, consisting of a proposition and acceptance thereof, to wit: “Milwaukee, Wis., Sept. 6, 1894. “Mrs. Ann T. Shurts, Waukesha, Wis.: We herewith give you estimate and specifications for heating your new house on lot 9, block 6, Hadfield’s addition, Waukesha, Wis., as follows: We will furnish and set up one ETo. 290 furnace,…
1Opinion of the Court
Pinney, I.
The finding of facts is, we think, supported by the evidence; and the only question is whether, in view of the facts found and uncontradicted evidence, there had been a substantial performance of the contract on the part of the plain till. If not, the plaintiff could not recover. It was shown that the whole heating apparatus, including the pipes built in the walls, the registers, and the foundation in brick and cement, constituted the complete furnace^ or heating apparatus, described in the contract; and it was claimed that it could not be taken out without injury to the house,…
2Cases cited1 opinion
- Warder v. FisherWisconsin Supreme Court · 1880
3Cited by9 opinions
- Nordin Construction Company v. City of NomeAlaska Supreme Court · 1971
- Manning v. School District No. 6Wisconsin Supreme Court · 1905
- Holland Furnace Co. v. KorthWashington Supreme Court · 1953
- Manitowoc Steam Boiler Works v. Manitowoc Glue Co.Wisconsin Supreme Court · 1903
- Williams v. ThrallWisconsin Supreme Court · 1898
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