Ward v. Busack
Wisconsin Supreme Court
APPEAL from the County Court of Milwaukee County. Action for an amount claimed to be due to plaintiff for labor done and materials furnished under a special contract between the parties, by which plaintiff agreed to lay a “ certain amount of house-drain,” or sewer-pipe, according to certain plans and specifications.
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APPEAL from the County Court of Milwaukee County. Action for an amount claimed to be due to plaintiff for labor done and materials furnished under a special contract between the parties, by which plaintiff agreed to lay a “ certain amount of house-drain,” or sewer-pipe, according to certain plans and specifications. There were two other causes of action stated: one for $18 for labor performed at defendant’s request “in digging out a place fora catch-basin and cistern;” and the other for $3 paid by plaintiff for a permit to connect the sewer laid by him with the main sewer in the street. The…
1Opinion of the CourtTatloe, J.
There are but two errors assigned by the appellant in this case:
I. That the court improperly permitted the plaintiff to show by parol evidence the length and size of the sewer pipes laid by him under his contract with the defendant; for the reason that the plans and specifications referred to in the plaintiff’s contract, and according to which the work was to be done, were the best evidence of that fact.
The plans and specifications referred to in the contract are not made a part of the bill of exceptions, and it does not appear, therefore, to this court, that the length of the several sewer…
2Cases cited1 opinion
- McNarra v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1876
3Cited by15 opinions
- Watson v. Milwaukee & Madison Railway Co.Wisconsin Supreme Court · 1883
- Freedman v. New York, New Haven & Hartford RailroadSupreme Court of Connecticut · 1909
- Berg v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1880
- Weisel v. SpenceWisconsin Supreme Court · 1884
- Eberhardt v. SangerWisconsin Supreme Court · 1881
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