Andresen v. Upham Manufacturing Co.
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Taylor county: LawbeNce W. Halsey, Judge. Action to recover a balance claimed to be due for goods, wares and merchandise sold and delivered to the defendant at its request. • The reasonable value of the goods so sold and delivered was alleged to be $572.30, the amount paid $14.60, and the balance due $557.70, for which latter sum, with interest from October 11, 1899, judgment was demanded.
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Appeal from a judgment of tbe circuit court for Taylor county: LawbeNce W. Halsey, Judge. Action to recover a balance claimed to be due for goods, wares and merchandise sold and delivered to the defendant at its request. • The reasonable value of the goods so sold and delivered was alleged to be $572.30, the amount paid $14.60, and the balance due $557.70, for which latter sum, with interest from October 11, 1899, judgment was demanded. Defendant, for an answer, pleaded a general denial. The case was duly sent to a referee to hear, try and determine. Upon the hearing plaintiff, under…
1Opinion of the CourtMaRshaul, J.
Appellant contends tbat tbe complaint, which was framed after tbe form of common counts, was insufficient to cover tbe element of delivery of goods to Gates on account of appellant, and tbat all evidence to establish tbe cause of action, so far as it depended on sucb element, was improperly received. Sucb contention is based on Smith v. Leland, 2 Duer, 497, and authorities depending thereon. Tbat case was decided in New York some fifty years ago, before tbe scope of tbe code, as to requiring tbe complaint to contain a statement of tbe facts constituting tbe plaintiffs cause of action, was…
2Cases cited15 opinions
- McKinnon v. VollmarWisconsin Supreme Court · 1889
- Miles v. Mutual Reserve Fund Life Ass'nWisconsin Supreme Court · 1901
- Grannis v. HookerWisconsin Supreme Court · 1871
- South Milwaukee Co. v. MurphyWisconsin Supreme Court · 1902
- Harpending v. ShoemakerNew York Supreme Court · 1862
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3Cited by4 opinions
- Danielson v. Garage Equipment Manufacturing Co.Wisconsin Supreme Court · 1913
- Spafford v. McNallyWisconsin Supreme Court · 1907
- Radford v. SmithWisconsin Supreme Court · 1912
- State ex rel. Leiser v. KochWisconsin Supreme Court · 1909