Wood v. Town of Washington
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Sauk county: E. Ray SteveNS, Circuit. Judge. This action was commenced in justice’s court to recover tbe value of services rendered tbe defendant town in 1898 and 1899 in filling tbe approaches to a culvert, in tbe sum ■of $50, wbicb tbe plaintiff claims tbe defendant agreed to pay. Erom a judgment of nonsuit in justice’s court an appeal was taken tó tbe circuit court, where tbe trial resulted in a verdict for tbe defendant.
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Appeal from a judgment of tbe circuit court for Sauk county: E. Ray SteveNS, Circuit. Judge. This action was commenced in justice’s court to recover tbe value of services rendered tbe defendant town in 1898 and 1899 in filling tbe approaches to a culvert, in tbe sum ■of $50, wbicb tbe plaintiff claims tbe defendant agreed to pay. Erom a judgment of nonsuit in justice’s court an appeal was taken tó tbe circuit court, where tbe trial resulted in a verdict for tbe defendant. Erom tbe judgment entered thereon this appeal is taken.
1Opinion of the CourtBasheoed, J.
Tbe complaint states a cause of action for tbe value of services rendered by tbe plaintiff wbicb tbe defendant agreed to pay. On tbe trial tbe plaintiff offered no proof of the value of tbe services. Tbe testimony showed that tbe plaintiff entered into a contract with tbe defendant to do a certain púece of work for $50, and tbe court *301submitted tbe question to tbe jury upon tbat theory. Under proper instructions tbe jury found tbat tbe plaintiff never fulfilled tbe conditions of tbe contract. After judgment plaintiff moved for a new trial on tbe judge’s minutes, on tbe ground tbat tbe court…
2Cases cited1 opinion
- Sibley v. WeinbergWisconsin Supreme Court · 1902
3Cited by1 opinion
- Fried v. OlsenNorth Dakota Supreme Court · 1911