Jackson v. Cleveland
Wisconsin Supreme Court
APPEAL from the Circuit Court for Racine County. On the 24th of February, 1855, defendant contracted with the La Crosse and Milwaukee Railroad Company to construct that part of its line of road “ extending from the Junction to Horicon on the east bank of Rock River,” to the satisfaction and acceptance of the chief engineer of the company.
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APPEAL from the Circuit Court for Racine County. On the 24th of February, 1855, defendant contracted with the La Crosse and Milwaukee Railroad Company to construct that part of its line of road “ extending from the Junction to Horicon on the east bank of Rock River,” to the satisfaction and acceptance of the chief engineer of the company. The work was to be fully completed to Hartford by the 1st of August of that year, and to Horicon within sixty days after the company should deliver the iron rails at its depot in Milwaukee. Monthly detailed estimates for work done and material delivered were…
1Opinion of the Court
By the Court,
Cole, J.
It will be convenient for ns to consider the two main points in this case in the inverse order from that in which they were presented by counsel on the argument.
It appears from the record that the defendant below — appellant here — on the trial, called witnesses to prove his counterclaim set up in the answer, and offered to show the damages which he had sustained in consequence of the breach of the contract on the part of the plaintiffs. This testimony was objected to and excluded, on the ground, as stated in the bill of exceptions, that by the contract between the…
2Cited by3 opinions
- Dullaghan v. FitchWisconsin Supreme Court · 1877
- Denver & New Orleans Construction Co. v. StoutSupreme Court of Colorado · 1884
- Huber v. St. Joseph's HospitalIdaho Supreme Court · 1905