Snider v. Thrall
Wisconsin Supreme Court
APPEAL from the County Court of Winnebago County. Action upon an. account for goods sold and services rendered. The answer, both as a defense and as a counterclaim, alleges that the defendant sold a house to the plaintiff for the agreed price of $140, to be paid by the plaintiff in cash and in labor, goods, and materials as the defendant should require and demand; that the goods and services mentioned in the complaint were furnished and performed in part payment of such…
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APPEAL from the County Court of Winnebago County. Action upon an. account for goods sold and services rendered. The answer, both as a defense and as a counterclaim, alleges that the defendant sold a house to the plaintiff for the agreed price of $140, to be paid by the plaintiff in cash and in labor, goods, and materials as the defendant should require and demand; that the goods and services mentioned in the complaint were furnished and performed in part payment of such purchase price, and that there still remained a balance due thereon. The trial was before the court, without a jury. It…
1Opinion of the CourtCole, C. J.
We think there is no sufficient reason for bolding that evidence of tbe sale of tbe bouse by tbe defendant to tbe plaintiff upon tbe chattel mortgage was not admissible under the answer. Tbe answer, in fact, sets up, both as a defense and by way of counterclaim, the sale of tbe bouse for the agreed price of $140, which tbe plaintiff was to pay in work and materials on demand. What more was it necessary to state in tbe answer to admit all evidence *676in regard to tbe sale of the house? This house seems to have been treated by the owners of the realty as personal property. Boyd gave a chattel…
2Cited by10 opinions
- Wenban Estate, Inc. v. HewlettCalifornia Supreme Court · 1924
- Emmel v. HayesSupreme Court of Missouri · 1890
- J. H. Silkman Lumber Co. v. HunholzWisconsin Supreme Court · 1907
- Wilson v. HotchkissCalifornia Supreme Court · 1915
- Deitrick v. SinnottSupreme Court of Iowa · 1920
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