Weisel v. Spence
Wisconsin Supreme Court
APPEAL from the County Court of Milwaukee County. The case is thus stated by Mr. Justice Tayloe : “Action to recover the amount of a 'bill for materials furnished and work and labor performed upon a carpenter’s combination work-bench. The answer was a general denial.
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APPEAL from the County Court of Milwaukee County. The case is thus stated by Mr. Justice Tayloe : “Action to recover the amount of a 'bill for materials furnished and work and labor performed upon a carpenter’s combination work-bench. The answer was a general denial. The defense set up on the trial was that the materials furnished and work done were furnished and performed by the plaintiffs for one Gustav Boettcher, and not for the defendant, which allegation was in part sustained by the evidence. “ On the trial Boettcher testified that the plaintiffs refused to do any work on the machine or…
1Opinion of the CourtTaylor, J.
The appellant insists in this court that no recovery can be had against him by the plaintiffs for the work done and materials furnished in the construction of said machine, because the promise to pay proved on the trial was a promise to pay the debt of another, and, not being in writing, is void under the statute of frauds. It may be ad-, mitted upon this appeal that the evidence establishes the fact that the respondents did, in the first instance, undertake to do the work and furnish the materials for the machine in question at the request of Boettcher, and that the credit in the first…
2Cases cited18 opinions
- Hoile v. BaileyWisconsin Supreme Court · 1883
- Schultz v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1880
- Dyer v. GibsonWisconsin Supreme Court · 1863
- Berg v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1880
- Hunter v. BosworthWisconsin Supreme Court · 1878
13 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Hewett v. CurrierWisconsin Supreme Court · 1885
- Drovers' Deposit National Bank v. TichenorWisconsin Supreme Court · 1914
- Kelley v. SchuppWisconsin Supreme Court · 1884
- Mann v. Erie Manufacturing Co.Wisconsin Supreme Court · 1963
- Schweickhart v. StueweWisconsin Supreme Court · 1889
19 more not listed; retrieve them via the Exa API.