Byrne Bros. v. Barnekow
Wisconsin Supreme Court
Appeal from an order of the circuit court for Milwaukee county: Lawrence W. Halsey, Circuit Judge. The plaintiff, a mason contractor, sued the defendant, a general contractor, upon an alleged account stated. The defendant admitted that the parties met for the purpose of adjusting the accounts between them, but denied that any agreement was made.
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Appeal from an order of the circuit court for Milwaukee county: Lawrence W. Halsey, Circuit Judge. The plaintiff, a mason contractor, sued the defendant, a general contractor, upon an alleged account stated. The defendant admitted that the parties met for the purpose of adjusting the accounts between them, but denied that any agreement was made. And further answered by way of counterclaim alleging certain payments made by him for which he had not received credit, certain overcharges by plaintiff, and damages from failure of plaintiff to do certain work in a proper manner. The issues were…
1Opinion of the CourtEschweiler, J.
For several years prior to February, 1917, the plaintiff company had been doing cement and . concrete work in and about the basements of structures which were being erected by the defendant, and payments were made from time to time by defendant.
In February, 1917, plaintiff rendered an itemized statement of its charges for such work and' materials furnished and of the'payments or credits on the same for the period from January 1, 1915, starting with a then balance claimed to be due from defendant of $148.12.. The debit items in such statement aggregated over $11,000, and the balance after…
2Cases cited4 opinions
- Rose v. BradleyWisconsin Supreme Court · 1895
- Hoover-Dimeling Lumber Co. v. NeillWest Virginia Supreme Court · 1916
- Segelke & Kohlhaus Manufacturing Co. v. VincentWisconsin Supreme Court · 1908
- Gwathmey v. BurgessSupreme Court of South Carolina · 1916