Marsh v. Fraser
Wisconsin Supreme Court
APPEAL from tbe County Court of Milwaukee County. Action for work, labor and services, and materials furnished in and about moving a building, for which the plaintiff alleges that defendant became indebted to him in the sum of $100. The bill of particulars amounted to $95.50. Answer, that the work was done under a special agreement that the price should be $80, and that plaintiff had_ not fully performed the agreement; and counterclaim of damages for nonperformance.
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APPEAL from tbe County Court of Milwaukee County. Action for work, labor and services, and materials furnished in and about moving a building, for which the plaintiff alleges that defendant became indebted to him in the sum of $100. The bill of particulars amounted to $95.50. Answer, that the work was done under a special agreement that the price should be $80, and that plaintiff had_ not fully performed the agreement; and counterclaim of damages for nonperformance. The evidence was conflicting; and some of it tending to show that the services were worth more than charged, and that some work…
1Opinion of the CourtKyAN, C. J.
The complaint goes substantially upon a quantum ■meruit for labor and materials, and the respondent’s evidence was in strict conformity with the complaint in this respect. The answer set up a special agreement for price. But the verdict followed the complaint, going far beyond the spe cial price of the answer.
It does not appear that the respondent rendered any account before suit brought. He testified that he had asked the appellant for his pay ; but that is too indefinite to aid any view of the case. Indeed the respondent, by leave of the court, amended his bill of particulars, on the trial,…
2Cases cited3 opinions
- McMahon v. . the New York and Erie Railroad CompanyNew York Court of Appeals · 1859
- Selleck v. FrenchSupreme Court of Connecticut · 1814
- Lusk v. SmithWisconsin Supreme Court · 1866
3Cited by20 opinions
- Laycock v. ParkerWisconsin Supreme Court · 1899
- Hart v. HartWisconsin Supreme Court · 1903
- Phelan v. FitzpatrickWisconsin Supreme Court · 1893
- Tucker v. GroverWisconsin Supreme Court · 1884
- Shipman v. StateWisconsin Supreme Court · 1878
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