American Foundry & Furnace Co. v. Board of Education
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Waushara county: Chas. M. Webb, Circuit Judge. This is an action to recover the balance due upon contract.
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Appeal from a judgment of the circuit court for Waushara county: Chas. M. Webb, Circuit Judge. This is an action to recover the balance due upon contract. It appears from the record, and is undisputed, that August 16,. 1901, the defendants, being about to construct a new high school building in the city of Berlin, entered into a written contract with the plaintiff wherein and whereby the plaintiff agreed “to furnish and set in position in a neat and workmanlike maimer ready for use in the building referred to . . . the Improved Smead Heating and Ventilating Apparatus as therein described, and…
1Opinion of the Court
The following opinion was filed January 29, 1904:
Cassoday, C. J.
1. Errors are assigned because the court refused to direct a verdict in favor of the plaintiff and refused to set aside the'verdict and grant a new trial, and ordered judgment on the verdict in favor of the defendants and against the plaintiff. In other words, the claim is that the verdict is not sustained by the evidence. The substance of the contract is given in the foregoing statement. By the terms of that contract the plaintiff agreed that with good care the apparatus would warm the rooms of the building to an average…
2Cases cited9 opinions
- Grayson v. LynchSupreme Court of the United States · 1896
- Wright v. ForrestalWisconsin Supreme Court · 1886
- City of Madison v. American Sanitary Engineering Co.Wisconsin Supreme Court · 1903
- Kavanaugh v. City of WausauWisconsin Supreme Court · 1904
- Manitowoc Steam Boiler Works v. Manitowoc Glue Co.Wisconsin Supreme Court · 1903
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3Cited by6 opinions
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- Hackley-Phelps-Bonnell Co. v. CooleyWisconsin Supreme Court · 1921
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