Wenger v. Marty
Wisconsin Supreme Court
'Appeal from a judgment of tire circuit court for Greeu •county: Geoege Geimm, Circuit Judge. The defendant, being a manufacturer and dealer in cheese at Brodhead, Wisconsin, and having several tributary local cheese factories, entered into a written agreement with the plaintiff whereby from April 1, 1905, to April 1, 1906, he engaged the plaintiff “as cheese-maker.”
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'Appeal from a judgment of tire circuit court for Greeu •county: Geoege Geimm, Circuit Judge. The defendant, being a manufacturer and dealer in cheese at Brodhead, Wisconsin, and having several tributary local cheese factories, entered into a written agreement with the plaintiff whereby from April 1, 1905, to April 1, 1906, he engaged the plaintiff “as cheese-maker.” The contract provided for supply of tools and machinery by defendant and return thereof by plaintiff unimpaired; also that defendant should provide the necessary supplies and materials; that plaintiff should receive milk from the…
1Opinion of the CourtDodge, J.
The first error assigned is the exclusion of evidence of plaintiff’s statements made to the defendant before the contract was entered into as to the measure of his skill and ability as a cheese-maker. The contract industriously added as a measure of the plaintiff’s duty his own ability. Without such element it would have been his contract duty to exercise the skill, diligence, and care of an ordinarily competent and careful cheese-maker; but that duty was either limited, confirmed, or increased by his agreement that the work should be done “to the best of his ability.” If both parties had…
2Cases cited17 opinions
- Excelsior Wrapper Co. v. MessingerWisconsin Supreme Court · 1903
- Monroe Water Works Co. v. City of MonroeWisconsin Supreme Court · 1901
- Locke v. WilliamsonWisconsin Supreme Court · 1876
- Northern Supply Co. v. WangardWisconsin Supreme Court · 1903
- Dickinson v. Norwegian Plow Co.Wisconsin Supreme Court · 1898
12 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Klueter v. Joseph Schlitz Brewing Co.Wisconsin Supreme Court · 1910
- Burton v. DouglassWisconsin Supreme Court · 1909
- Pedelty v. Wisconsin Zinc Co.Wisconsin Supreme Court · 1912
- Noble v. LibbyWisconsin Supreme Court · 1911
- Schwade v. Van BreeWisconsin Supreme Court · 1934