Tietz v. Tietz
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Wau-paca county: Chablbs M. Webb, Circuit Judge. The plaintiff brought an action against the defendant to-recover what it was reasonably worth for boarding, lodging,, and medical attendance of the defendant’s minor son for four years and ten months, alleging that the same was reasonably worth $8 a month,— in all, $464. The defendant alleged that the plaintiff took defendant’s minor son to live with him under a special contract,…
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Appeal from a judgment of the circuit court for Wau-paca county: Chablbs M. Webb, Circuit Judge. The plaintiff brought an action against the defendant to-recover what it was reasonably worth for boarding, lodging,, and medical attendance of the defendant’s minor son for four years and ten months, alleging that the same was reasonably worth $8 a month,— in all, $464. The defendant alleged that the plaintiff took defendant’s minor son to live with him under a special contract, under seal, between the parties, made May 17,1887, and that such contract remained open and unperformed. Upon…
1Opinion of the CourtPinney, J.
1. It clearly appears from the plaintiff’s case-that there was an existing written contract between the parties, covering the entire subject matter in question between them, and that its provisions had not been performed. The plaintiff was to have the services of the defendant’s minor son until he arrived at the age of twenty-one years,, for his care, boarding, lodging, etc., upon the payment only of the small money consideration stated. The plaintiff could not maintain an action against the defendant as upon an implied assumpsit for the board, lodging, and medical attendance sued for, but…
2Cases cited5 opinions
- Baxter v. PayneWisconsin Supreme Court · 1845
- Bradley v. LevyWisconsin Supreme Court · 1856
- Maynard v. TidballWisconsin Supreme Court · 1853
- Bulger v. WoodsWisconsin Supreme Court · 1852
- King v. KerrWisconsin Supreme Court · 1852
3Cited by6 opinions
- Appleton Waterworks Co. v. City of AppletonWisconsin Supreme Court · 1907
- Ball v. DolanSouth Dakota Supreme Court · 1908
- Ames v. LamontWisconsin Supreme Court · 1900
- Seaman v. McNamaraWisconsin Supreme Court · 1923
- Schneider v. Allis-Chalmers Manufacturing Co.Wisconsin Supreme Court · 1928
1 more not listed; retrieve them via the Exa API.