Johnson v. Pugh
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Ashland county: Johet K. Pabish, Circuit Judge. Action for damages for breach of contract for the construction of a building.
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Appeal from a judgment of the circuit court for Ashland county: Johet K. Pabish, Circuit Judge. Action for damages for breach of contract for the construction of a building. The complaint stated that a contract was made between plaintiff and defendant April 1, 1893, whereby the latter for value agreed to construct for the former a two-story frame building with basement, in a good, workmanlike manner, the superintendency and manner of construction to be left to defendant; that plaintiff performed his part of the contract; that defendant constructed and delivered a building under the contract,…
1Opinion of the CourtMaRshall, J.
The principal complaint made by appellant’s counsel is that the trial court refused to allow evidence in his behalf of the circumstances leading up to and attending the making of the building contract and what, was said between the parties. Counsel seem to have an erroneous idea of the rule they invoke. It is not as broad as. they suppose, nor does it apply except where there is room for judicial construction. “We understand,” say counsel, “ that testimony of the circumstances surrounding and leading up to the making of a written contract is always admissible, not for the purpose of changing…
2Cases cited7 opinions
- Nash v. TowneSupreme Court of the United States · 1867
- Merriam v. United StatesSupreme Court of the United States · 1883
- Minnesota Lumber Co. v. Whitebreast Coal Co.Illinois Supreme Court · 1895
- Nilson v. MorseWisconsin Supreme Court · 1881
- Lyman v. BabcockWisconsin Supreme Court · 1876
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- Loper v. Estate of SheldonWisconsin Supreme Court · 1903
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