Grant Marble Co. v. Abbot
Wisconsin Supreme Court
Appeal from a judgment of tlie circuit court for Milwaukee county: Laweeuce W. Halsey, Circuit Judge. The complaint in this action alleges the making of a contract between plaintiff and defendant by the terms of which plaintiff agreed to do certain marble work in the six stories of the defendant’s building known as the Colby & Abbot building in the city of Milwaukee, Wisconsin, for the sum of $24,150, and that through mistake on the part of one Grant, president of the…
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Appeal from a judgment of tlie circuit court for Milwaukee county: Laweeuce W. Halsey, Circuit Judge. The complaint in this action alleges the making of a contract between plaintiff and defendant by the terms of which plaintiff agreed to do certain marble work in the six stories of the defendant’s building known as the Colby & Abbot building in the city of Milwaukee, Wisconsin, for the sum of $24,150, and that through mistake on the part of one Grant, president of the plaintiff, he included in such contract work and material for only five stories of such building, while the contract covered…
1Opinion of the Court
Tbe following opinion was filed January 11, 1910:
KeewiN, J.
While there axe allegations in tbe complaint pertinent to an action for rescission, from tbe whole complaint it is manifest that tbe idea of tbe pleader was to state a cause of action for reformation. But tbe complaint also alleges a promise, either express or implied, on tbe part of defendant to pay for work in tbe sixth story what tbe same was reasonably worth. If it were necessary to pass upon tbe action of tbe court below in overruling tbe motion of defendant to make tbe complaint more definite and certain, we might find it…
2Cases cited36 opinions
- Harrigan v. GilchristWisconsin Supreme Court · 1904
- Bostwick v. Mutual Life Insurance Co.Wisconsin Supreme Court · 1903
- Standard Manufacturing Co. v. SlotWisconsin Supreme Court · 1904
- Glocke v. GlockeWisconsin Supreme Court · 1902
- Cole v. GetzingerWisconsin Supreme Court · 1897
31 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Graham v. ClydeSupreme Court of Florida · 1952
- C. H. Young Co. v. SpringerSupreme Court of Minnesota · 1911
- Miller v. StanichWisconsin Supreme Court · 1930
- New York Life Insurance v. KimballSupreme Court of Vermont · 1919
- Woldenberg v. RiphanWisconsin Supreme Court · 1918
11 more not listed; retrieve them via the Exa API.