Stein v. McCarthy
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Dane county: R. G-. Siebeckeb, Circuit Judge. This action was commenced November J, 1902, to recover $224.50, the alleged balance due to plaintiffs for services performed and materials used at the request of the defendant in the construction of a number of buildings named, including the “Kappa House,” so called, in Madison, between April 1, 1901, and May 1, 1902. The defendant answered by way of admissions, denials, and counter…
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Appeal from a judgment of the circuit court for Dane county: R. G-. Siebeckeb, Circuit Judge. This action was commenced November J, 1902, to recover $224.50, the alleged balance due to plaintiffs for services performed and materials used at the request of the defendant in the construction of a number of buildings named, including the “Kappa House,” so called, in Madison, between April 1, 1901, and May 1, 1902. The defendant answered by way of admissions, denials, and counter allegations, to the effect that March 11, 1901, he entered into a written contract with the owners of the Kappa House…
1Opinion of the Court
Oassoday, O. J.
The plaintiffs claim that the case was improperly taken from the jury. This seems to be based upon the theory that their contract made with the defendant through Findorff was separate from, independent of, and without reference to the plans, specifications, and contract which the defendant had previously made with the owners of the Kappa House in respect to the plastering. If the evidence on the part of the plaintiffs sustains such theory, then the verdict was improperly directed. The evidence is undisputed, and to the effect that March 11, 1901, the defendant entered into a…
2Cases cited5 opinions
- Chateaugay Ore & Iron Co. v. BlakeSupreme Court of the United States · 1892
- Schroeder v. GallandSupreme Court of Pennsylvania · 1890
- Shaw v. First Baptist Church of WinonaSupreme Court of Minnesota · 1890
- Henley v. WadsworthCalifornia Supreme Court · 1869
- Shaver v. MurdockCalifornia Supreme Court · 1868
3Cited by6 opinions
- Staley v. NewNew Mexico Supreme Court · 1952
- Arrow Sheet Metal Works, Inc. v. Bryant & Detwiler Co.Michigan Supreme Court · 1953
- Modern Steel Structural Co. v. English Construction Co.Wisconsin Supreme Court · 1906
- Seastrand v. D. A. Foley & Co.Supreme Court of Minnesota · 1916
- Westinghouse Electric Supply Company v. Fidelity And Deposit Company Of MarylandCourt of Appeals for the Third Circuit · 1977
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