Bradley v. Levy
Wisconsin Supreme Court
The defendant in error brought an action of assumpsit in the court below, against the plaintiff in error, for work done upon certain sections of the La Crosse and Milwaukee- Railroad, then being in the course of construction. The amended declaration of the plaintiff below appears to have contained two special counts and also the usual common counts. The second count of the declaration was demurred to by defendants, and the demurrer sustained by the court below.
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The defendant in error brought an action of assumpsit in the court below, against the plaintiff in error, for work done upon certain sections of the La Crosse and Milwaukee- Railroad, then being in the course of construction. The amended declaration of the plaintiff below appears to have contained two special counts and also the usual common counts. The second count of the declaration was demurred to by defendants, and the demurrer sustained by the court below. Issues of fact were joined upon the other counts. The special count in the declaration upon which issue was joined, set forth a…
1Opinion of the Court
By the Gourt,
Whitoh, C. J.
We shall express no opinion *405upon many of tbe questions discussed by the counsel who argued this cause, for the reason that the declaration of the plaintiff below is insufficient to warrant a recovery of a portion of the sum claimed by him, upon the facts relied upon for that purpose.
There can be no doubt that the claim of Levy for a part of the work done, before the first day of December, arises upon the contract which- he made with Sherwood, Ellis & Co., both as to the price to be paid him for the work, and the mode of payment. By that contract he was to be paid…
2Cited by5 opinions
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- Tietz v. TietzWisconsin Supreme Court · 1895
- Cameron v. AustinWisconsin Supreme Court · 1886
- Cook v. DadeMichigan Supreme Court · 1916
- Humbert v. ChopyDistrict Court, D. Colorado · 1914