Lindenmann v. Kopczynski
Wisconsin Supreme Court
Appeal from a judgment of the circuit court' for Milwaukee county: LaweeNce AY. Halsey, Circuit Judge. This action was brought in the civil court of Milwaukee county to recover for breach of contract'. The complaint alleges that in consideration of $4,000 the defendant agreed to erect and construct two certain flat-buildings on the premises . described, and among other things agreed that the flooring in said buildings on the first and second floors of each should be No. 1…
Read the full summary
Appeal from a judgment of the circuit court' for Milwaukee county: LaweeNce AY. Halsey, Circuit Judge. This action was brought in the civil court of Milwaukee county to recover for breach of contract'. The complaint alleges that in consideration of $4,000 the defendant agreed to erect and construct two certain flat-buildings on the premises . described, and among other things agreed that the flooring in said buildings on the first and second floors of each should be No. 1 maple flooring, and that the defendant, without the knowledge and consent of the plaintiff and contrary to the terms of…
1Opinion of the CourtKeewiN, J.
The civil court in a written opinion in the record nonsuited the plaintiff for the reason that it did not appear that plaintiff sustained, damage because the court held that he sold the property for as much as if the floors had been maple. The court also, inferentially at least, concedes that a contract was made as contended by plaintiff, but held that no damages were shown for the reason before stated. A' claim was also made that the plaintiff consented to a substitution of beech for maple flooring after the contract had been made and to that extent the contract was modified. The evidence…
2Cases cited4 opinions
- Manning v. School District No. 6Wisconsin Supreme Court · 1905
- Ashland Lime, Salt & Cement Co. v. ShoresWisconsin Supreme Court · 1899
- Foeller v. HeintzWisconsin Supreme Court · 1908
- Arndt v. KellerWisconsin Supreme Court · 1897
3Cited by2 opinions
- Hewitt v. BuchananCourt of Appeals of Texas · 1927
- Gehl v. Peycke Bros. Commission Co.Wisconsin Supreme Court · 1914