Werner v. Schreck
Wisconsin Supreme Court
ERROR to the Circuit Court for Milwaukee County. This was an action of assumpsit for work, labor and services rendered under a special contract for the erection of a building by the plaintiff in error for the defendant in error.
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ERROR to the Circuit Court for Milwaukee County. This was an action of assumpsit for work, labor and services rendered under a special contract for the erection of a building by the plaintiff in error for the defendant in error. The error upon which the cause was brought into this court, consists in the charge of the court to the jury, relating to the subject-matter of the contract and the evidence given on the trial, but which evidence was not stated hi the bill of exceptions. The only importance attached to the case, as it came before this court, and as decided by it, seems to be, that if…
1Opinion of the CourtJackson, J.
The error alleged in this cause is based upon the following charge to, the jury, of the judge before whom it was tried:
“ In the opinion of the court the plaintiff was required by the contract to perform work within two months from the commencement of the same, only to the amount of one hundred and thirty dollars, the price of the lot mentioned in said contract, and the residue of said work might be performed any time within a reasonable period under the terms of said contract.”
*395And, also, upon his refusal to charge as follows:
“ That the jury must find by the testimony, that the plaintiff…
2Cited by1 opinion
- Millett v. HayfordWisconsin Supreme Court · 1853